Villar may face criminal case for accepting DPWH post —poll lawyer
Published May 18, 2016 11:07am
Updated May 18, 2016 12:07pm
An election lawyer on Wednesday warned that reelected Las Piñas Rep. Mark Villar may face a criminal case if he immediately assumes the duties of the public works secretary.
"Sa kanyang pagtanggap ng posisyon sa DPWH (Department of Public Works and Highways) ay baka magkaroon siya ng criminal case sa pagtanggi sa pagtupad sa kanyang tungkulin sa isang posisyon na siya ay nahalal," election lawyer Romulo Macalintal told News To Go in an interview.
Macalintal quoted Article 234 of the Revised Penal Code, which says, "The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office."
The lawyer said that Villar should first take his oath of office, report at his office at the House of Representatives and then pass a resignation letter.
"Hindi puwede ang diretso kaagad na hindi niya makikita ang kanyang tanggapan ay iiwanan niya kaagad ito," he explained.
Macalintal also cited Section 13, Article VI of the Constitution, which says "No Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected."
"Tingnan natin, noong nanungkulan si Mr. Mark Villar [bilang kongresista], nadagdagan ba ang emoluments of that office where he is now to be appointed?" the lawyer said.
Macalintal said that on the issue of delicadeza and the moral side of the appointment, Villar should not have immediately accepted the offer to be secretary of the DPWH.
Incoming president Rodrigo Duterte offered the post to Villar during a meeting on Monday. The congressman, who had just been proclaimed, announced on Tuesday that he is accepting the offer.
"Dapat siguro munang pag-aralan ang moral side ng pagtanggap ng bagong posisyon nang hindi man lang nasisilayan ang kanyang katungkulan bilang kongresista ng aming area," Macalintal said, who is a resident of Las Piñas City.
He also cited that once Villar abandons his seat at the House of Representatives, the government will again spend millions of pesos for a special election for his replacement.
"Gagastos na naman ang ating pamahalaan ng halos P100 milyon para lamang magkaroon ng special elections para magkaroon ng kapalit ni Mr. Mark Villar," he said.
GMA News Online is seeking a reaction from Villar's camp.
Macalintal also expressed disappointment over Villar's move to accept the Cabinet post, which was an offshoot of the fresh alliance between Duterte’s PDP Laban Party and the Nacionalista Party headed by the congressman's father, Manny Villar.
"Malungkot ang mga taga-Las Piñas. Di namin akalain na ganun ang gagawin ng aming kinatawan. Sayang lang ang boto ng mga taga- Las Piñas," the election lawyer told reporters at the Philippine International Convention Center in Pasay City, the venue of canvassing of votes for senatorial and party-list races.
The lawyer added Villar should have carefully studied the offer, which he may get in the future anyway.
"Sana lang nagisip isip sa bagay na 'to dahil marami pa naman pagkakataon," Macalintal said. — with Virgil Lopez/ALG/RSJ
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