PB turns down request to probe Barili mishap

CEBU, Philippines - The Cebu Provincial Board has turned down the request of the Sangguniang Bayan of Barili to investigate the accident in August involving a municipal garbage truck that killed 12 people for lack of jurisdiction.

PB Member Joven Mondigo, Jr., chairman of the committee on complaints and investigation, recommended to return the resolution to Barili without taking cognizance of the request.

The municipal council of Barili through SB Resolution No. 37-AU24-11 earlier requested the provincial board to look into the incident that killed 12 people and injured 59 others after a municipal government-owned dump truck overturned while on a funeral procession.

“The said resolution is a request for an investigation of an incident but there is no formal and verified complaint officially lodged nor a specific individual or municipal official identified as respondent answerable for specific act/s committed which can be considered illegal, objectionable and culpable,” Mondigo’s committee report reads.

Mondigo cited Provincial Ordinance No. 2009-06 which prescribes the rules and procedures governing investigation of administrative cases against elective municipal officials of the Province of Cebu as not applicable.

Section 3 of said Ordinance states that, “an administrative case may be initiated by any private individual or any government officer or employee by filing a verified complaint against any elective municipal officials.”

Section 4 further states that the complaint must be under oath and must be properly captioned.

Mondigo also cited the Local Government Code of 1991 in which a complaint against any elective official of a municipality shall be filed before the Sangguniang Panlalawigan whose decision may be appealed before the Office of the President.

The PB rules of procedures also provide that the committee on complaints and investigation, in aid of legislation, is tasked to study, investigate all verified complaints filed against municipal/city officials under the jurisdiction of the Province and to recommend action thereon.

The SB resolution triggered by the request of former Barili Vice Mayor Ramon Ewican for the municipal council to investigate.

But the SB forwarded the request to PB as well as the Office of the Ombudsman-Visayas to avoid being accused of bias.

Ewican, in his letter dated August 22, 2011, pointed out that the existing ordinance of Barili prohibits job-order workers to drive government vehicles.

The truck was reportedly driven by Alwyn Bayno, a job-order worker.

The truck overturned in Barangay Kangdampas, Barili in August 18 while on a funeral procession. 12 people died during the incident while 59 others were injured. – (FREEMAN)