Soc Fernandez penalized for allowing use of gov’t car in 2010 harassment case involving son Joavan
The Department of Interior and Local Government (DILG) yesterday served the order suspending former Talisay City mayor Socrates Fernandez for three months after he was found administratively liable for allowing a City Hall employee who did not possess a driver’s license to drive his Toyota Revo service car without trip ticket in 2010.
DILG legal officer Ayesh Nogra went to Fernandez’s office at the Talisay City Hall past 10 a.m. yesterday to serve the order. Fernandez is an incumbent city councilor.
“You are hereby directed to comply with this Order of Suspension by vacating your office and consequently cease the performance of powers and functions appurtenant thereto, immediately upon receipt,” the order signed by DILG Regional Director Ananias Villacorta reads.
The city government-owned Toyota Revo was stopped by police in barangay Pardo, Cebu City on Sept. 13, 2010 police were alerted that thevehicle was used by the mayor’s son, Joavan, who had earlier clashed with a foreigner at a mall in Cebu City.
The complainant said Joavan came looking for him at his house with a gun then left on board the white Asian Utility Vehicle (AUV).
Joavan and his friends were then seen entering Mango Square in Cebu city. Security guards alerted policemen.
A roadblock was put up near the Pardo Police Station where the van was intercepted. Inside the vehicle, police found drug paraphernalia and a vial of Nubain.
The vehicle was issued to Mayor Fernandez on June 29, 2004 for use in the city’s feeding program which was then overseen by Joavan.
The mayor’s son was not on board the vehicle, but the driver Benedict Gabasa—a job order employee of Talisay City Hall – and identified as Joavan’s friend, was arrested for driving without a license.
Ombudsman Conchita Carpio Morales last year approved an order finding Fernandez guilty of simple neglect of duty for allowing the worker to drive the vehicle without a driver’s license or trip ticket. Fernandez was suspended for three months without pay.
Aguinaldo Doctrine
Fernandez said he won’t have to step down since the Supreme Court’s Aguinaldo Doctrine states that a reelected public official is spared the administrative liability for misconduct done during his prior term.
Since he was elected Talisay councilor in the 2013 election, Fernandez said the suspension won’t take effect since his administrative liability for the case was wiped out under the Aguinaldo Doctrine by virtue of his reelection.
Vice Mayor Romeo Villarante, in an interview yesterday, said he will nonetheless implement the three-month suspension on Fernandez.
The decision of the Office of the Ombudsman-Visayas was signed by Ombudsman Conchita Morales.
It warned Fernandez that that “a similar infraction in the future shall be punished with a more severe penalty.” The Department of Interior and Local Government (DILG) was directed to implement the ruling.
Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.
