Mambaling village chief suspended for 6 months

CEBU, Philippines — Mambaling Barangay Captain Gines Abellana has been suspended by the Cebu City Council for failure to release the six-month honoraria of at least four councilmen.

The council approved the decision of the north district’s Committee of Three, suspending the village chief over the non-disbursement of wages from July to December last year.

The committee found Abellana guilty of abuse of authority. It stemmed from the complaint filed by four barangay officials—Anne Vestil Palomo, Edwil Managbanag, Victoriano Laborte and Neonita Cuestas.

 “The committee recommends the penalty of suspension for four months. The same being immediately executory, the Sangguniang Panlungsod secretary with the help of the City Treasurer shall implement this recommendation of suspension against the respondent,” read portion of the decision dated December 18, 2018.

The decision was signed by Andales and Arcilla only.

The committee chaired by Councilor Sisinio Andales is tasked to handle complaints filed against barangay officials in the north district. The committee members are Councilors Alvin Arcilla and Pastor Alcover. The complaint was referred to the committee in September last year.

The council also directed the barangay treasurer, Ivy Gabiana, to process the honoraria. Each barangay councilman will get P108,000 in honorarium for six months.

Won’t step down

In an interview, Abellana questioned the decision of the council, saying the Department of Interior and Local Government (DILG) has the sole authority to suspend him from office.

He said he won’t step down.

“Why would I abide by the order? Only the DILG has the right to suspend me. DILG represents the people who voted me into office,” he said.

The village chief is planning to file a motion for reconsideration (MR).

Cebu City Vice Mayor Edgardo Labella said the SP secretary should seek opinion from the DILG whether or not the City Council is allowed to implement the suspension.

The vice mayor cited Section 60 of the Local Government Code, which states that the council only authorized to do disciplinary actions against barangay officials.

 “All of us here as member in the city council, we are duty bound to follow our own ordinances, there’s an ordinance approved by the city council prescribing the procedure for the filing and disposition of administrative complaints against elective officials,” Councilor Jocelyn Pesquera said.

Councilor Raymond Alvin Garcia backed Pesquera’s statement.

 “In law more particularly in statuary construction, we learned that when there is a specific law that outlines the procedure, rule. Then that procedure or rule must be followed,” he said.

Complaint

The barangays officials, in joint complaint, said they performed their duties and responsibilities upon assuming office in July last year.

“That the fourth week of July 2018, is the expected date for the releasing of the barangay officials and staff honorarium. However, herein complainants were shocked upon learning of a letter dated July 23, 2018 by Abellana asking DILG regional director if he may be allowed in abeyance the payments of the monthly honorarium,” portion of the complaint read.

The letter of Abellana to DILG states that Palomo, Cuestas, Laborte, and Managbanag reportedly “failed and refused to participate in the performance of their functions as duly elected Sangguniang Barangay members by rendering five-hour service a week,” citing Section 392 of the Local Government Code.

 “In the logbook of attendance, they were absent without giving any reason,” Abellana’s letter further read.

The request came after Abella issued a memorandum dated July 16, 2018, directing the elected officials to render at least five hours a week for barangay service.

Explanation

Abella also issued another memorandum requiring Palomo, Laborte, Cuestas, and Managbanag to explain their refusal to abide by the assignment given to them.

Palomo, in response, requested Abellana to discuss the matter in their regular session, while Managbanag explained that he attended an important event.

Despite that he came from a business event, Laborte said he was able to punch in at 3 p.m. Cuestas, on the other hand, said she had an appointment with her niece from Denmark.

Despite their explanations, Abellana issued another memorandum dated August 2, 2018 ordering Gabiana to withhold their honoraria.

After receiving the memorandum, Gabiana sought opinion from the DILG whether or not she can legally withhold the honoraria of the four barangay officials.

 “In measuring the services actually rendered by an elective barangay official, the basic consideration shall be the attendance in the session and having rendered actual service,” DILG Cebu City, officer-in-charge Emma Joyevelyn Calvo replied.

Gabiana opposed Abellana’s order, citing the DILG opinion.

 “That after receipt of the letter objection from the treasurer, the punong barangay issued an order negating the objection of the former to hold in abeyance the payment of honoraria of four barangay councilors,” the complaints said.

But Abellana reportedly disregarded Gabiana’s objection.

“Your objection and/or refusal to hold in abeyance the payment of honoraria has no legal basis and an affront to my office which you did not give the proper respect as if you are the persons concerned,” read Abellana’s letter to Gabiana.

Abellana held in abeyance the releasing of the officials’ salaries pending opinion from DILG Legal and Legislative Liaison Service (LLLS) Director Romeo Benitez.

Violation

The City Council’s committee of three said the disciplinary action of Abellana is not justifiable, saying it is in violation of the internal rules that misbehavior or absences of officials may be disciplined by exclusion from session or suspension for not more than 60 days.

On December 7, 2018, Abellana filed a motion for reconsideration and motion to dismiss, but were denied by the committee for the lack of merit.

“…the committee rules that Atty. Abellana does not have unilateral authority to take disciplinary action over both barangay elective officials and barangay appointive officials and employees,” the decision read.

Complainants said even though they have not received their honoraria, they are still attending the sessions.

 “Abellana, as a lawyer, is expected to obey the law and uphold the legal process, but he acted otherwise by willfully and persistently withholding the honoraria of the herein complainants,” the complaint read. — KBQ (FREEMAN)