Council assigns penalty vs Cabañero to Ombudsman

CEBU, Philippines - The Talisay City Council Committee on Laws and Good Government will not impose disciplinary action against Bulacao Barangay Captain Raul Cabañero who is facing charges for allegedly playing mahjong instead of assisting government agents in a nearby anti-drug operation. 

The committee's chairman, City Councilor Socrates Fernandez, made the statement after he received a copy of an endorsement letter for his office to conduct an investigation against Cabañero.

Cabañero, who sits as president of the Association of Barangay Councils (ABC), was arrested by the NBI for his alleged refusal to act as a witness in the inventory of seized illegal drugs when authorities conducted a raid in his area last November 8.

At the time of the incident, the NBI arrested 11 people at an alleged drug den in Barangay Bulacao and seized 219 sachets of suspected shabu.

The NBI conducted the operation against Pascual Ledesma, Janpol Inot, and Arnold Catubay in Barangay Bulacao. However, when the NBI asked Cabañero for assistance, the latter allegedly refused to coordinate. NBI also said it found out that Cabañero was playing mahjong at that time.

Ledesma, Inot and Catubay were arrested and sued for illegal selling and illegal possession of dangerous drugs.

Under Republic Act 9165 or the Comprehensive Drugs Act of 2002, the presence of an elected public official is required during the conduct of a raid.

Fernandez said his committee cannot conduct an investigation against his collegue in the council, citing Section 60 on the grounds for disciplinary actions that an elective local official may be disciplined, suspended or removed from office by order of the proper court.

"The committee recommends to return this matter to the Office of the Ombudsman (which) has the concurring jurisdiction for further review and investigation and execution of appropriate action on the issue at hand," Ferrnandez said in a commitee report.

Fernandez pointed out that it is the Ombudsman that has disciplinary authority over all elective and appointive officials of the government except over officials who may be removed only by impeachment or over the members of the Congress, and the judiciary.

The committee is composed of Councilors Doroteo Emit, Edward Alesna, Antonio Bacaltos and Richard Francis Aznar. The members are affiliated with Alayon Party, of which Cabañero is a member.

City Councilor Valeriano Ylanan separately said he will question the committee report which is expected to be discussed on Tuesday's regular council session.  (FREEMAN)