Over unreturned city vehicles: Barangay execs to appeal charges

CEBU, Philippines - Forty-six village chiefs in Cebu City are set to ask the anti-graft body to dismiss the criminal and administrative complaints filed against them by Councilor Margarita Osmeña last year.

The complaints stemmed from their alleged failure to return the city government-issued vehicles for inventory.

In their counter-affidavit to be filed today before the Office of the Ombudsman-Visayas, the officials belied Osmeña’s allegations and argued that there are no sufficient bases to indict them.

“We executed this counter-affidavit in order to attest to the truth of the foregoing facts and circumstances and for the purpose of requesting the Honorable Office of the Ombudsman-Visayas to dismiss outright the criminal and administrative charges against us for utter lack of merit,” the counter-affidavit read.

The anti-graft body has ordered the officials to answer the complaints filed against them.

Osmeña accused the barangay officials for violating the Republic Act 6539 or the Anti-Carnapping Law, the Revised Penal Code (malversation of public property), the RA 3019 or the Anti-Graft and Corrupt Practices Act, and the RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, Grave Abuse of Authority, Grave Misconduct, and Gross Insubordination.

She said the barangay officials failed to return a total of 58 city-issued vehicles, which cost the city government P700, 000 to P1 million each. The city government issued the service vehicles to the barangay officials and employees supposedly to aid them in their official functions.

Councilor Joey Garganera, one of the respondents, denied Osmeña’s allegations and stood firm that the vehicles were used in delivering basic services to their respective constituents.

The respondents explained they did not intend to ignore the recall order of Osmeña, who at the time served as acting mayor following then mayor Michael Rama's suspension for abuse of authority over the "improper" granting of calamity assistance.

In fact, they said they asked Osmeña to shed light on the recall order, considering that the vehicles issued to them were also used for emergency response.

“To reiterate, the subject vehicles were used by the barangays as ambulances, traffic vehicles and in responding to calls for assistance. Hence, we consulted with Atty. Edgardo Labella regarding our predicament. Thereafter, Atty. Labella wrote a letter dated 26 May 2016 to the complainant, requesting for clarification on whether the subject vehicles may be excluded,” read the counter-affidavit.

“In the complaint, there was never an allegation of corruption nor was there proof that we intentionally violated the law and fragrantly disregarded an established rule. It never occurred to us that a law exists requiring that motor vehicles issued by the local government should be returned to the latter for inventory purposes. Such procedure cannot even be considered as an established rule or method in running an inventory especially when it hampers the delivery of basic services to the public,” it added.

On May 17, 2016, Osmeña issued a memorandum directing all barangay captains, officials, and employees of the city to immediately return all city-issued vehicles for an inventory "intended for a smooth and orderly transition" of the administration, setting May 24 as ultimatum.

But only 34 out of the 80 barangay captains heeded the order. (FREEMAN)