Administrative case vs. Domantay still on
LINGAYEN–The administrative complaint filed by former Vice Governor Oscar Lambino against Malasiqui Mayor Armando Domantay before the provincial board has not been buried and forgotten.
Lambino and his fellow petitioner Mario Armas just beat the 10-day deadline within which to file their position paper in connection with the case they filed against Domantay.
The case against the mayor is for grave misconduct, grave abuse of power and authority, oppression, dishonesty and conduct prejudicial to the best interest of public service.
It involves, among others, the signing of a lease contract between him and the Magic Group of Companies for a 1,100 square meter lot owned by the municipal government without a prior validly passed ordinance of the municipal council.
Another matter involves the destruction of public monuments without an authority from the city council.
In their petition, Lambino and Armas contend that the issue on prejudicial question raised by Domantay’s counsel, Atty. Franciscdo Baraan III, is off-tangent and a mere ploy to delay the resolution of the petition.
Under the Local Government Code, no official can be suspended from office during the election period, which is just a few weeks more to go.
Baraan moved for the dismissal of the petition against his client on the ground that the two civil cases against Domantay now pending before Branch 57 of the Regional Trial Court in San Carlos City is a prejudicial question to the administrative case.
Both Lambino said that in order that a prejudicial question may be correctly and validly invoked, two elements must be present: there must be a criminal case, and there must be a civil case, adding that those elements are not present in the cases at hand.
Domantay through Baraan is also expected to submit to the provincial board his own position paper.–LM
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