Sandiganbayan rules ex-Isabela town mayor perpetually disqualified from holding public office

Sandiganbayan rules ex-Isabela town mayor perpetually disqualified from holding public officeBy Manila Bulletin

By Czarina Nicole Ong-Ki

The Sandiganbayan Second Division has ruled that former Sto. Tomas Mayor Antonio Talaue of Isabela be perpetually disqualified from holding public office after he was convicted for failure to remit the P22.44 million in Government Service Insurance System (GSIS) premium of municipal employees from January 1997 to January 2004.

Sandiganbayan (MANILA BULLETIN)

He was found guilty on March 15 of violating Section 52(g) in relation to Section 6(b) of R.A. 8291 or The Government Service Insurance System Act of 1997, and was sentenced to three to five years imprisonment, as well as a fine of P20,000. He was also perpetually disqualified from holding public office.

Talaue filed a motion for reconsideration and a supplemental motion asking the anti-graft court not to impose the penalty of absolute perpetual disqualification from holding public office.

He argued that his guilt has not been proven beyond reasonable doubt, since the prosecution failed to prove how his failure to remit the

GSIS premiums were intentional or without lawful or justifiable cause.

But even if the court maintained its guilt against him, Talaue argued that he did not commit any grave misconduct or gross neglect of duty. Because of this, he believed the penalty of absolute perpetual disqualification from public office was “unconstitutional.”

Unfortunately for Talaue, the anti-graft court denied his motions for lack of merit. “Accused Talaue did not offer any new arguments or defenses in his motion,” the resolution read. “His self-serving statement that he instructed the municipal treasurer to remit the contributions does not absolve him from non-compliance with his legal obligation as head of agency.”

As for the penalty of disqualification, the court said it must be applied pursuant to the law. “The Court has always deferred to the wisdom of the Congress in enacting a law. It can only enforce a statute like R.A. 8291 unless there is a clear showing that it contravenes the Constitution,” it said.

The six-page resolution was penned by Associate Justice Michael Frederick Musngi with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.