Talisay vice mayor, councilors seek dismissal of case

CEBU, Philippines- The vice mayor and nine members of the Talisay City Council have asked the Cebu Provincial Board to dismiss the “frivolous” administrative complaints filed against them by Mayor Johnny de los Reyes.

 “…in the highest interests of substantial justice and procedural justice, it is most respectfully prayed...to dismiss the present complaint for being most baseless in law and in fact, for being malicious and adventurous and for being frivolous,” read the nine-page answer to the complaint prepared by the respondents’ lawyer, George Bragat.

 De los Reyes, last month, charged Vice Mayor Romeo Villarante, Councilors Danny Caballero, Aldin Diaz, Choy Aznar, Edward Alesna, Dory Emit, Socrates Fernandez, Antonio Bacaltos Jr., Eduardo Gullas III and Association of Barangay Councils president Raul Cabañero for misconduct in office, dereliction of duty and abuse of authority.

 The complaint stemmed from the council’s slashing of the annual budget from P1 billion to P500 million and the succeeding supplemental budgets by more than half.

 De los Reyes contended that the City Council wanted to cripple the delivery of basic services to the people when it reduced the city’s budget.

 But the respondents, in their reply, said their actions were “in accord with the legislative power of the Sangguniang Panglungsod,” which is in line with the provisions of Republic Act 7160 or the Local Government Code as well as those of the city’s charter.

 Also, the respondents stressed that their move to cut the budgets were “done strictly in accordance” with their House Rules adopted in July 2013.

They also said the move was done “principally to protect the city’s coffers.”

 Moreover, the respondents pointed out that there was “no specific proof” that the delivery of basic services was hampered when they slashed down the 2015 annual budget from P1 billion to P539 million.

 “The allegations are only surmises and conjectures without any factual or legal basis at all,” it said.

 They denied that they are guilty of misconduct in office, saying they also did not commit dereliction of duty and abuse of authority when they approved the annual budget.

 “Under our democratic system of government, everyone in government, whether it is in the judiciary or executive department or the legislative branch of government in the national level or in the level of local government units, is obliged to observe the check and balance principle in government,” the respondents said.

 Villarante and his group also mentioned that in the council, in the democratic system of government, there is observance of the “rule of majority.”

The Talisay City Council is composed of nine members from the opposition and two from the administration.

 The respondents, however, believe that De los Reyes is guilty of forum-shopping as he also filed mandamus before the regional trial court with similar allegations against them.

 They also alleged that the mayor’s move not to include Councilors Dennis Basillote and Val Ylanan in the complaint was “politically motivated.” The two councilors are allied with De los Reyes.

 As to the mayor’s allegation regarding upholding “the principle that public office is a public trust and that public interest over and above personal interest must be upheld,” they described it as “a hollow and empty discourse,” as reportedly it is “the complainant who has placed his own personal interest over public interest as shown by different bungled actions of his administration.”

 “This present case is malicious, frivolous, adventurous and most baseless in fact and in law, therefore, be dismissed,” they said.  (FREEMAN)