PB to discuss Daanbantayan barangay captain’s fate today

CEBU, Philippines - The fate of the suspended barangay captain of Bakhawan, Daanbantayan, Cebu shall be known today as the Provincial Board is set to tackle the committee report regarding his appeal.

Bernardito Luche Jr. expressed hope that the PB will reverse the decision of the Municipal Council of Daanbantayan finding him guilty for four administrative infractions and imposed the administrative penalty of suspension from office for a period of six months each for every infraction committed.

Luche is a candidate for councilor in Daanbantayan under the Liberal Party, of which the majority in the PB also belong including acting Governor Agnes Magpale who will sign whatever resolution will be approved.

Board Member Joven Mondigo Jr., chairman of the PB committee on complaints and investigation, is set to render a report on Luche’s appeal.  Mondigo, a member of One Cebu Party, is reportedly inclined to uphold the decision of the Municipal Council.

A source said that the committee members who are LP allies pushed for the reduction of the penalty to three months only instead of 24 months.

Should the move of LP allies in the PB rule, Luche will be re-instated as barangay captain because he has already served his suspension since February last year. 

Luche filed his instant appeal before the PB on March 27, 2012 on the decision of the Municipal Council dated February 3, 2012.

Pending the resolution of the merits of his appeal, Luche filed a petition to stay execution of decision on April 12, 2012 and invoked the case of Berces vs. Hon. Secretary Teofisto Guingona Gr. No. 112099 February 21, 2005.

Mondigo, however, said that the committee found no basis on the petition to stay the execution of the decision of the municipal council.

Mondigo pointed out that the Section 68 of the Local Government Code of 1991 in relation to Article 133 of the implementing rules and regulations of the same provides that an appeal shall not prevent a decision from becoming final and executory.

Instead, Mondigo told Luche to serve his two years suspension until his appeal is finally resolved.

The PB approved the earlier report of Mondigo denying the petition of Luche to stay the execution of his suspension.

Luche was charged for grave abuse of authority, oppression, serious misconduct and gross dishonesty filed by barangay councilor Veronico Espinosa before the Municipal Council of Daanbantayan.

Luche was charged for allegedly confiscating cut trees without authority, recording into the blotter a certain person even if he was not caught illegally cutting trees and collecting barangay clearance fees in excess to what is authorized by the ordinance. — (FREEMAN)