City: Delute’s complaint just based on ‘hearsay’

CEBU, Philippines - Lawyer Reymelio Delute underwent cross-examination yesterday on his administrative complaint against Cebu City officials who had a hand in the disbursement of P20,000 in calamity assistance to each of 4,200 City Hall employees and officials in December 2013.

For lawyer Rey Gealon, one of the city officials’ legal counsels, “the complaint is based on hearsay evidence.”

He interrogated Delute, who stood as witness of his complaint, yesterday at the office of Department of Interior and Local Government-7 during the resumption of the four-day marathon hearing of the administrative complaint.

Delute sued Cebu City Mayor Michael Rama, Vice Mayor Edgardo Labella, and city councilors Nestor Archival Sr., Mary Ann de los Santos, David Tumulak, Nendell Hanz Abella, Sisinio Andales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Gerardo Carillo, Alvin Dizon, Eugenio Gabuya Jr., and Noel Wenceslao.

Delute alleged that the city officials committed “grave misconduct and abuse of authority” in giving P20,000 calamity assistance to 4,200 city officials, including themselves, and employees in 2013. He said the city was not directly hit by the magnitude 7.2 earthquake last October 15, 2013 and super typhoon Yolanda barely a month after.

Gealon said Delute has no legal basis to file the complaint, which he said was just based on newspaper reports and columns which are “hearsay evidences.”

During the cross-examination, Gealon asked if Delute exerted effort to verify the newspaper report alleging that Rama fabricated himself as calamity victim.

Delute said he lives a few distance away from Rama’s house in Barangay Basak San Nicolas, that is why he could see that the mayor was not a victim of the two calamities.

Gealon then asked if Delute visited Rama’s house to validate his claim, to which Delute answered that he passed by the house of the mayor and could conclude that the mayor was not a direct victim of both the earthquake and the super typhoon.

Delute said, though, that he did not take photo of the condition of the house of the mayor after the calamities.

Gealon concluded that Delute has no personal knowledge as to the allegations included in his complaint.

But lawyer Benjamin Militar, Delute’s legal counsel, said the newspaper reports were his client’s basis in his investigation.

Meanwhile, DILG hearing officer Isidro Barrios III denied Delute’s request to include the City Council secretary to stand as his witness.

Barrios said he would not allow it because the preliminary conference of the complaint was already done.

He said he gave three chances to Delute to change his theories, but he cannot allow any change now.

Militar, though, said the purpose of the inclusion of the City Council secretary to appear as witness was to shorten the proceedings since the city treasurer and the city administrator would not appear as witnesses against the Cebu City officials.

The city treasurer and the city administrator are expected to appear within the week for the formal investigation. A newspaper reporter will also appear to validate their report that the mayor allegedly used his P20,000 to pay for electric and water bills.

Barrios said he is still within the 90-day period stipulated by law for him to resolve the case.

He said he will wrap up the investigation by the end of the month or first week of November so that he could forward his recommendations and findings to the Office of the President.

He said the Office of the President would likely issue its decision on the case by the end of January or first week of February 2016, which is ahead of the 90-day ban before the election period.

Section 2 of rule 6 of Administrative Order No. 23 of Office of the President states that, “no preventive suspension shall be imposed within ninety (90) days immediately prior to any local election.”

“If the preventive suspension has been imposed prior to the 90-day period immediately preceding a local election, it shall be deemed automatically lifted upon the start of aforesaid period,” it added.

Barrios, though, said the decision would likely be issued before the start of the said period.

“Ganyan talaga yan, kapag elections, inihahabol talaga yan,” he said. (FREEMAN)