Wednesday, May 29, 2013

NO FORGIVENESS COMING FOR GWEN OF CEBU

NO FORGIVENESS COMING 
FOR GWEN OF CEBU

GWEN CANNOT AVAIL OF THE DOCTRINE OF CONDONATION OR DOCTRINE OF FORGIVENESS OR THE SO-CALLED "AGUINALDO DOCTRINE"

By BERTENI "TOTO" CATALUÑA CAUSING



The topic here is about the DOCTRINE OF CONDONATION or the so-called DOCTRINE OF FORGIVENESS.

This doctrine says that the re-election of an elective official is an act of the electorate of forgiving the same official for the administrative offenses committed during the previous term of office.

This doctrine has been called "Aguinaldo Doctrine" because it was applied to him when he was re-elected as governor of Cagayan province despite the cases filed by the DILG against him.

Actually, the first case in the Philippines where this doctrine was applied was in the case of Mayor Pascual of San Jose, Nueva Ecija where he was suspended by the Provincial Board of Nueva Ecija. So that it should be called "PASCUAL DOCTRINE" and not Aguinaldo Doctrine.

Before anything else, let me state that this doctrine applies only on administrative violations.  It does not apply to criminal violations.   It may apply in civil cases in case the offended parties forgive and waive the right to collect on damages.

In the situation of former governor Gwen Garcia, the doctrine cannot apply on her case on administrative violations committed when she was serving her final term as the governor of Cebu.  That is, even if she has just been elected by a slim margin to be the congresswoman of the Third District of Cebu province.

First, it must be stressed that the nature of forgiving is that it can come only from the offended party.

When Gwen committed that act that triggered the administrative case filed against her, she was the governor of Cebu province.  So that she sinned against the people of the whole of Cebu province.  It necessarily follows that the only valid condonation or forgiveness must be the one that comes from the people of the whole of Cebu province. 

This is the reason why the Pascual Doctrine limits its definition only to "RE-ELECTION." 

To my mind, this Pascual Doctrine can be expanded to forgive acts done during the term of office that although in the subsequent term the offender was not reelected the case had not yet been finally decided and that the offender was elected in the succeeding (third) term of the same office.

Now, the act of electing the offender is the same act that is referred to as the act of giving forgiveness.

In the case of Gwen Garcia, the ones who elected her were the people of the Third District of Cebu province, NOT THE VOTERS OF THE WHOLE PROVINCE.

So that there is no forgiveness forthcoming for Gwen Garcia.
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