OMBUDSMAN Conchita Carpio Morales played favorites with allies of administration presidential candidate Mar Roxas, according to the lawyer of suspended Camarines Norte Gov. Edgardo Tallado.
Lawyer Adan Marcelo Botor questioned why Morales did not apply in their case the legal doctrine on condonation of administrative cases which she applied in the case of Capiz Gov. Victor Tanco Sr.
The lawyer said the two governors were both reelected in 2013. But while the Ombudsman reversed its dismissal order against Tanco citing the condonation doctrine, it did not do the same with Tallado, he said.
Botor said Tanco is a member of the administration Liberal Party (LP) and an ally of Roxas while Tallado has been dropped from the LP ranks based on the immorality complaint made by Daet Mayor Tito Sarion who is running for vice governor in next year鈥檚 elections.
鈥淲hat is playing here is purely politics and the allies of the present administration are covered with the mantle of protection from Malaca帽ang if only to help the candidacy of Roxas,鈥� Botor said in a statement.
He said the Ombudsman is engaged in 鈥渟elective judgment鈥� against public officials perceived to be rivals of Roxas.
Last October, the Ombudsman suspended Tallado for a year for an administrative case because he allegedly disobeyed the order of the Civil Service Commission to reinstate a dismissed provincial veterinarian.
In the same month, the Ombudsman also announced it has dismissed and perpetually banned Tanco from holding public office for extortion in 2011.
But last week, the Department of the Interior and Local Government said the dismissal order against Tanco would no longer be implemented because the Ombudsman has reconsidered and applied the condonation doctrine.
The Supreme Court doctrine condones the administrative liability of an elected public official for a past offense once that official is reelected.
But in a decision last Nov. 10, the Supreme Court abandoned the so-called 鈥淎guinaldo Doctrine鈥� as it upheld the Ombudsman鈥檚 dismissal of Makati Mayor Jejomar Erwin 鈥淛unjun鈥� Binay.
The high court said its ruling would be applied proactively, not retroactively.
Last Dec. 1, the Ombudsman denied Tallado鈥檚 appeal to reverse his suspension order based on the condonation doctrine.
The Ombudsman said 鈥渢he questioned act persisted even after reelection鈥� and that records show that
Tallado鈥檚 defiance of the CSC鈥檚 directive to reinstate the veterinarian 鈥渆xtended up to his present term of office.鈥�
Botor claimed that Tallado鈥檚 administrative case was revived after it was dismissed by the Office of the Ombudsman last March 24, 2014.