SCUTTLEBUTT

Nosy Tarsee heard through the grapevine that a quo warranto (QW) petition is being considered against Senator Joel Villanueva because of a 2016 Ombudsman ruling barring him from holding public office.

He was also charged before the Sandiganbayan for malversation of public funds related to the PDAF scam.

These criminal cases remain pending at the Sandiganbayan, the special court, with no final judgment of conviction since 2016.

Villanueva and several other lawmakers were recently alleged to have received kickbacks from anomalous Department of Public Works and Highways (DPWH) flood control projects in Bulacan.

Reports said he had allegedly requested an initial P1 billion in funding for projects in his home province.

An electoral lawyer whispered to Nosy Tarsee that if it is proven that he was ineligible or disqualified from holding public office, a petition for quo warranto should be filed before the Senate Electoral Tribunal, especially since there was already an Ombudsman decision.

Quo warranto is a legal proceeding that questions the authority by which someone is holding a public position.

This was the same legal action taken against then Chief Justice Maria Lourdes Sereno, even though her removal should have been through an impeachment only.

The quo warranto petition can be used to determine if Villanueva has a legal right to be a senator based on his qualifications and on the issues surrounding his permanent disqualification.

The Ombudsman issued an administrative decision ordering his dismissal from office and perpetual disqualification from holding public office in 2016. Still, the Senate refused to act, invoking the principle of separation of powers between the executive (Ombudsman) and legislative (Senate) branches of government.

Villanueva also invoked the Aguinaldo Doctrine, also known as the Condonation or Forgiveness Doctrine, which said that if an official is reelected, any previous administrative offense is deemed forgiven by the people’s vote.

However, that doctrine no longer applies after the Supreme Court abandoned it. So Villanueva cannot use it as a defense.

This issue needs to be addressed by the new Ombudsman, since the failure of the other branches of government to implement the Ombudsman’s dismissal order is, in itself, an insult to the institution and to the previous Ombudsman who rendered the decision.

“When Villanueva filed his Certificate of Candidacy (CoC) with the Commission on Elections, was it considered valid — despite the existing Ombudsman ruling and pending criminal case at the Sandiganbayan?” the lawyer wanted to be enlightened.

If he were allowed to run despite these, then the CoC could be considered void. And if it was void, Villanueva was ineligible to run for public office. Because of the perpetual disqualification penalty, a void CoC meant he could not legally serve as a senator.

“So why is he still in the Senate performing the duties of a senator?” Nosy Tarsee was asked.