Gabuya wrote Vice Mayor Michael Rama, the council presiding officer, on May 22 after the council asked for clarification as to who will be representing the ABC in the council due to the suspension of the ABC officials headed by Eugenio Faelnar.
Since April 27, the seat of the ABC has been vacant following Faelnar's refusal to return to the council after the 4th Division of the Sandiganbayan ordered the lifting of the suspension order imposed on ABC officials by the DILG. Faelnar instead designated his vice president, Sisinio Andales, as ABC representative to the council.
Faelnar said he would only assume the ABC presidency once the DILG orders the withdrawal of suspension. This prompted the council to seek for clarification from the DILG.
"This level would like to opine that we uphold the result of the elections held and conducted by the National Liga ng mga Barangay represented by its President James Marty Lim, which was conducted for the purpose of replacing the suspended ABC officials," Gabuya said in his letter.
Estella was elected as acting president with an appointment issued by the National Liga ng mga Barangay, entitling him to sit as ABC representative to the City Council.
"He has the legal basis since this was certified by the ABC election and a duly recognized appointment was issued," Gabuya added.
The ABC officials are facing criminal complaint before the Sandiganbayan over the complaint filed by Engineer Leah Rondez, who accused them of refusing to reimburse the gasoline expenses she incurred while serving the ABC.
Rondez filed two complaints against the officials before the Ombudsman, which ruled that the ABC owed her at least P122,480 in benefits and P4,300 in gasoline reimbursements.
The Ombudsman also ordered for the officials' suspension. - Garry B. Lao