THE Office of the Ombudsman found on Tuesday a former mayor from Bohol guilty of grave misconduct for allowing the operation of four illegal cockfighting in 2013 and 2014.
In a 15-page decision, Ombudsman Conchita Carpio-Morales imposed on ex-Mabini mayor Esther Fostanes-Tabigue the penalty of dismissal from the service with forfeiture of all her retirement benefits and perpetual disqualification from holding public office.
“However, in view of her separation from the service, the penalty is convertible to a fine equivalent to her one-year salary,” it read.
The case arose from a complaint filed by one Danilo Du, the town’s cockpit franchisee since 2009.
Despite substantial compliance with the requirements, Tabigue was alleged to have arbitrarily refused to renew Du’s license to operate a cockpit in 2014.
The Ombudsman said the respondent also allowed the conduct of illegal cockfighting in violation of Presidential Decree 449 requiring that cockfighting events for charitable purposes must support a national, not merely local, fund-raising campaign approved by the President to be held in a licensed cockpit, park or playground.
“It is the law, an ordinance or some well-defined officially written regulation that should define the detailed requirements for the issuance of a license to operate a cockpit and not the respondent. As far as PD 449, PD 1602, PD 1608 and Municipal Ordinance No. 3, Series of 2006 are concerned, complainant had already complied with the basic requirements and respondent is already bereft of any reason to deny it. This is especially so when, at that time, the municipality had been illegally granting permits to conduct cockfighting events during town fiestas in places other than a licensed cockpit,” the Ombudsman said.
In a related criminal complaint, Tabigue is also facing indictment before the Sandiganbayan for four counts of violation of The Cockfighting Law of 1974 or PD 449 and Section 3(j) of the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019.