Aklan mayor cleared of unlawful appointment of losing vice mayoralty bet
The Sandiganbayan has acquitted Libacao, Aklan Mayor Charito Navarosa of the charge of unlawfully appointing a losing vice mayoralty candidate in the 2010 elections as administrator of a state-owned college.
In a 25-page decision promulgated on April 5, the Second Division said "the basis of conviction is flawed" after the prosecution failed to prove Navarosa's guilt.
The prosecution had accused Navarosa of appointing Paterno Turang Jr. as College Administrator of the Libacao College of Science and Technology (LCST) in 2011 despite his lack of qualifications.
Turang supposedly had no doctorate degree in Educational Management and no teaching or administrative experience of at least five years, while his appointment had no concurrence from the Board of Trustees and the municipal council.
Navarosa, who was also chairman of the LCST Board, also tapped Turang within one year from the May 10, 2010 elections when the latter lost in the vice mayor's race.
However, the Sandiganbayan said Navarosa only appointed Turang as a consultant or job order, which does not qualify him as a person occupying public office.
"Considering that contracts of services and job orders do not amount to government service, the appointments of Turang Jr. as College Administrator on temporary and job order basis on July 1, 2010 and as a consultant on February 21, 2011 do not qualify as appointment to public office," the Sandiganbayan said.
The Sandiganbayan found no fault against Navarosa, saying he had no idea about Turang's lack of qualifications because he relied on his subordinate's recommendation.
"After a careful scrutiny of the records, the Court is of the view that accused Navarosa believed in good faith and merely relied on the advice of his executive assistant that there is no legal impediment as to the appointment of Turang Jr.," it said.
The decision was penned by Associate Justice Lorifel Pahimna, with the concurrence of Associate Justices Oscar Herrera Jr. and Michael Frederick Musngi. — BM, GMA News