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Certification Republic of the Philippines PROVINCE OF PANGASINAN Lingayen www.pangasinan.gov.ph OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY CERTIFICATION TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that at the regular session duly constituted of the Sangguniang Panlalawigan, Province of Pangasinan, held on March 3, 2014 at Lingayen, Pangasinan, the following provincial resolution was approved: Authored by SP Member Alfonso C. Bince, Jr. PROVINCIAL RESOLUTION NO. 143-2014 APPROVING AND ADOPTING AS ITS DECISION EN BANC, THE RESOLUTION/RECOMMENDATION OF THE COMMITTEE ON GOOD GOVERNMENT AND ACCOUNTABILITY OF PUBLIC OFFICERS IN SP ADMINISTRATIVE CASE NO 01-2013 WHEREAS, the Sangguniang Panlalawigan was in receipt of a verified administrative complaint filed on October 7, 2013 by Mr. Leon C. Castro, Jr. against Mayor Simplicio L. Rosario of Binmaley, Pangasinan for Grave Abuse of Authority, Dishonesty and Grave Misconduct; WHEREAS, the said case was referred to the Committee on Good Government and Accountability of Public Officers and was docketed as SP Administrative Case No. 01-2013; WHEREAS, after careful hearings on the merits of the prayer for preventive suspension and subsequent study and deliberations of its members, the Committee on Good Government and Accountability of Public Officers submitted its Resolution/Recommendation which was adopted as Committee Report No. 09-2014 by the Sangguniang Panlalawigan; WHEREAS, the Sangguniang Panlalawigan finds the said Resolution/Recommendation to be in order; WHEREFORE, in view of the foregoing, on motion of SP Member Alfonso C. Bince, Jr., duly seconded, it was – RESOLVED, by the Sangguniang Panlalawigan in session assembled to approve, as it is hereby approved and adopted as its decision en banc, the Resolution/Recommendation of the Committee on Good Government and Accountability of Public Officers in SP Administrative Case No. 01-2013; 2F Capitol Bldg., Lingayen, Pangasinan 2401 * Tel/Fax (+6375) 5424040 * e-mail address: [email protected] Republic of the Philippines PROVINCE OF PANGASINAN Lingayen www.pangasinan.gov.ph OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY Provincial Resolution No. 143-2014 Page 2 RESOLUTION/RECOMMENDATION Due to the unfortunate and sudden demise last February 25, 2014 of Atty. Armenio L. Escat, Jr. whose appointment as Municipal Administrator of Binmaley is the pivotal issue in the instant complaint, the Committee has decided to terminate the presentation of further testimonial evidence. The evidence on record is sufficient for the Committee to submit its findings and recommendation. The instant Complaint for Grave Abuse of Authority, Dishonesty and Grave Misconduct filed against Mayor Simplicio L. Rosario of Binmaley, Pangasinan, centers on his appointment of Atty. Armenio L. Escat, Jr. as Municipal Administrator of Binmaley, Pangasinan despite the fact that Atty. Escat, Jr. is a Green Card Holder and related to him by affinity within the third civil degree. In his Answer, respondent Mayor Rosario is interposed the defense of confession and avoidance, by admitting the material allegations in the complaint but claims good faith and lack of cause of action. At the pre-trial conference, the following facts were admitted and stipulated upon, to wit: 1. That the respondent Mayor Rosario is the incumbent Mayor of Binmaley, Pangasinan; 2. That respondent Mayor Rosario appointed Atty. Armenio L. Escat, Jr. as Municipal Administrator of Binmaley, Pangasinan; 3. That Atty. Escat, Jr. is a Green Card Holder; 4. That Atty. Escat, Jr. is married to Maricyl Maneclang- Rosario, whose mother is a full-blooded sister of respondent; 5. That the appointment of Atty. Escat, Jr. as Municipal Administrator was confirmed by the Sangguniang Bayan of Binmaley, Pangasinan; 6. That the appointment of Atty. Escat, Jr. as Municipal Administrator was forwarded and received by the Civil Service Commission. 2F Capitol Bldg., Lingayen, Pangasinan 2401 * Tel/Fax (+6375) 5424040 * e-mail address: [email protected] Republic of the Philippines PROVINCE OF PANGASINAN Lingayen www.pangasinan.gov.ph OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY Provincial Resolution No. 143-2014 Page 3 I. ISSUES The Committee submits that there are two (2) principal issues to be resolved in the instant complaint: 1. Whether as a Green Card Holder, Atty. Escat, Jr. is disqualified to be appointed as Municipal Administrator which requires among other, residency in Binmaley, Pangasinan. 2. Whether respondent is guilty of Nepotism by appointing Atty. Escat, Jr. who is related to him by affinity within the third civil degree, being married to his niece Ms. Maricyl Maneclang, daughter of his sister Felicitas Rosario; II. FINDINGS Considering the manifestation of complainant thru counsel that she is not presenting any testimonial or documentary evidence anymore in view of the admission of the respondent of all the material allegations of the Complaint, the Committee required the respondent to present his evidence: As first witness, respondent Mayor Simplicio L. Rosario testified that he is the incumbent Mayor of Binmaley, Pangasinan; that he appointed Atty. Armenio L. Escat, Jr. as Municipal Administrator of Binmaley, Pangasinan despite the fact that he knows him to be a Green Card Holder and a relative by affinity within the third civil degree; that not being a lawyer and before he appointed Atty. Escat, Jr. he secured his legal opinion and that of Atty. Rosario Bautista who were his legal counsels during the 2013 Elections; that both advised him that Atty. Escat, Jr. is qualified; As second witness, Atty. Escat, Jr. admitted that he was given his Green Card from the USA in the year 2005; that before, or in 2004, he run for councilor of Binmaley until 2007; that he did not run for re-election anymore because he believed that he is not qualified to run for an elective office anymore, being a Green Card Holder; that before his appointment he already resided in Binmaley for more than 24 months already: 2F Capitol Bldg., Lingayen, Pangasinan 2401 * Tel/Fax (+6375) 5424040 * e-mail address: [email protected] Republic of the Philippines PROVINCE OF PANGASINAN Lingayen www.pangasinan.gov.ph OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY Provincial Resolution No. 143-2014 Page 4 III. DISCUSSION A. ON THE ISSUE OF BEING A GREEN CARD HOLDER What is the nature of a Green Card Holder? A Green Card is a document that grants a person a privilege to be a legitimate permanent resident in the USA. This is a step preparatory to naturalization as a U.S. citizen. It appears that Atty. Escat, Jr. at the time of his appointment is an actual resident of Binmaley, Pangasinan for more than 24 months already at least according to his testimony. He has not returned to the USA until last year after his appointment. The question of residence is mainly one of intention. Atty. Escat, Jr. is originally a resident of Binmaley. His domicile of origin is likewise Binmaley. While is qualified to be a permanent resident of the USA, he remains a resident of the Philippines and Binmaley, Pangasinan. As a matter of fact, his intention to reside in Binmaley and the Philippines is bolstered by the fact that he is qualified member of the Integrated Bard of the Philippines (Pangasinan Chapter) and allowed to engage in the practice of law in the Philippines. In addition, the Sangguniang Bayan of Binmaley confirmed his appointment as Municipal Administrator. The Committee believes and so holds therefore that Atty. Armenio Escat, Jr. is qualified to be appointed as Municipal Administrator of Binmaley, Pangasinan. A. ON THE ISSUE OF NEPOTISM The prohibition against Nepotism affects only career positions. A career position refers to an office where the appointee may not be removed from office except for cause and after due process, notice and hearing. The office of the Municipal Administrator is not a career position. It has no security of tenure. His term of office is co terminus with that of his appointing authority (Section 480, RA 7160). This is so because an administrator is truly an alter ego of the local chief executive who must have his full trust and confidence. Thus, the issue of Nepotism against respondent has no legal basis. 2F Capitol Bldg., Lingayen, Pangasinan 2401 * Tel/Fax (+6375) 5424040 * e-mail address: [email protected] Republic of the Philippines PROVINCE OF PANGASINAN Lingayen www.pangasinan.gov.ph OFFICE OF THE SANGGUNIANG PANLALAWIGAN SECRETARY Provincial Resolution No. 143-2014 Page 5 B. RECOMMENDATION WHEREFORE, in view of the above disquisitions, the Committee hereby recommends the DISMISSAL of the instant case for lack of factual and legal basis, and for the consequent ACQUITTAL of Mayor Simplicio L. Rosario of the charges against him. RESPECTFULLY RECOMMENDED March 3, 2014. Lingayen, Pangasinan. January 28, 2014. RESOLVED FURTHER, that copies of this resolution be furnished to Mr. Leon C. Castro, Jr., and Mayor Simplicio L. Rosario of Binmaley, Pangasinan, for their information and guidance. ATTY. VERNA T. NAVA-PEREZ Secretary to the Sanggunian ATTESTED: VICE GOVERNOR JOSE FERDINAND Z. CALIMLIM, JR. Presiding Officer 2F Capitol Bldg., Lingayen, Pangasinan 2401 * Tel/Fax (+6375) 5424040 * e-mail address: [email protected] .
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