ELECTION lawyer Romulo Macalintal said reelected Las Piñas Rep. Mark Villar could have violated a law when he accepted the appointment of presumptive President Rodrigo Duterte as secretary of the Department of Public Works and Highways.
He said Villar would be violating Article 234 of the Revised Penal Code once he did his duties as Public Works secretary and refused to discharge his duties as representative.
“I believe he could be violating the law once he accepts the appointment and not take his oath and serve as the elected congressman of Las Piñas City,” Macalintal told the reporters at the Philippine International Convention Center.
“During the campaign season, he never mentioned any possibility of him being appointed,” Macalintal said.
“Now he is accepting the appointment and will turn his back on the people of Las Piñas City.”
Macalintal said he voted for Villar on May 9, but he would not have voted for him had he known he would accept an appointment to Public Works.
On Tuesday, Villar confirmed he had accepted his appointment to Public Works instead of serving his third term as Las Piñas representative.
Macalintal then advised Villar to first take his oath as a congressman before resigning to avoid any legal liabilities.
Assuming that Villar would resign after taking his oath, Macalintal said, the Commission on Elections should hold a special election in Las Piñas for the congressional seat.
But Comelec Chairman Andres Bautista said holding a special election would depend on the House of Representatives.
Macalintal said the second placer in the Las Piñas congressional race, Zardi Abellara, may not assume the post since Villar had already been proclaimed.