Suspended brgy chief seeks DILG advice

CEBU, Philippines - The barangay captain of Sangat, San Fernando, Cebu asked for the advice of the legal officer of the Department of the Interior and Local Government (DILG) regarding the “harassment” allegedly done by town officials.

Barangay Captain Jose Nunilon Garces asked for the opinion of Atty. Danilo Almendras after the town council declared him guilty of the administrative complaint for grave abuse of authority and grave misconduct and meted him the penalty of six months suspension.

He said pending investigation of the complaint filed by Marilou Isidoro, he was made to serve a preventive suspension for two months, which he did.

He had raised an issue against his preventive suspension before the Office of the Ombudsman-Visayas claiming the complaint was unverified.

Earlier, he asked the Office of the Ombudsman to investigate Mayor Antonio Canoy, Vice Mayor Miguel Antonio Canoy and six councilors for grave abuse of authority, oppression, grave misconduct, gross negligence and dereliction of duty.

Other named respondents were Councilors Vidala Loguiber, Aleander Alicaway, Alfonso Donaire IV, Neil Enriquez, Poch Abel Manlosa and Santiago Charito Manlosa.

Isidoro had claimed she won the nomination to fill the vacant seat in the Sangat barangay council last March 5, 2011 but Garces allegedly refused to sign the resolution of the Sangat council endorsing her to Canoy for formal appointment. A seat at the Sangat council became vacant after Edgar Enad resigned as barangay captain. Garces, being the first councilor, automatically became the village chief, leaving a vacant seat in the council.

Garces told the media yesterday he cannot appoint Isidoro to fill in the vacant seat for barangay council as she gained only three votes during the nomination. He added he was basing it on the law.

“The law requires majority of votes of the members to constitute a quorum and not the plurality of votes. This was reportedly supported by the Department of Interior and Local Government (DILG),” he said.

Garces said that for almost three months starting October 5 they did not receive honoraria including the barangay health worker, tanods and other employees of the Barangay Hall. He added the new decision issued by the town council suspending him for six months is clearly a form of harassment.

In the decision of the council, they stated that they found sufficient evidence to hold Garces guilty of the offense charge after he did not appear during the hearing of the case.

“The Sanggunian was left with no other choice but to grant the request of the complainant through her counsel to declare the respondent in default,” the council’s decision reads.

Almendras advised Garces to go to the Office of the Ombudsman to air his sentiments.

He said based on the decision of the SB, the signature of the mayor was unnecessary as the SB has the power to investigate.

“The mayor’s role is to implement the decision, not to approve the decision,” Almendras said.

He added Garces can file a motion for reconsideration to the decision of the SB or to file an appeal before the Sangguniang Panlungsod.

Almendras likewise said Garces can file a complaint before the Office of the Ombudsman if there was an abuse of discretion of power. — (FREEMAN)