Abuse of authority plaint vs. George

CEBU, Philippines - The president of the Alumnos Basketball Association filed a complaint against Basak-San Nicolas barangay captain George Rama before the City Council yesterday for Rama’s alleged unjustified refusal to allow the ABA to use the Alumnos Gymnasium.

Cuta is also seeking legal protection from the City Council to protect the interests of the members of the association.

ABA was formed 20 years ago to represent and cater to the needs of basketball enthusiasts in Sitio Alumnos, Basak San Nicolas.

Cuta recalled that last August, after learning that the gymnasium had been re-opened for public use, they sent a letter of request to Rama to allow the association to use the gymnasium for basketball practices and tournaments as they were set to hold a Christmas basketball league.

Cuta said they used to avail of the gymnasium for basketball practices and tournaments every Saturday and Sunday from 8 a.m. to noon.

However, according to Cuta, Rama turned down the request and said “BOPK supporters have no room at Alumnos Gym”.

Cuta is a supporter of former mayor Tomas Osmeña who lost to Cebu City Mayor Michael Rama, a cousin of the barangay captain. During the local election, Cuta was a BOPK campaigner and worked with other BOPK sympathizers to promote the party and campaign for their candidates.

Cuta said Rama’s refusal constituted a patent abuse of authority under Sec. 60 (E) of Republic Act 7160 of the Local Government Code and Sec.4 (D) of RA 6713 which states that the public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.

“Weary and scared though I may be of the might of the powers that confront me, I had taken on this challenge, cognizant of my rights and responsibilities as a responsible citizen encouraged by a strong faith and belief in this honorable institution,” part of the complaint read.

Rama explained that he did not allow the use of the gymnasium because there was an ongoing construction of a heath center.

If proven guilty, Rama may be subjected to a disciplinary action based on the Local Government Code which provides that an elective official may be disciplined, suspended, or removed from office. (FREEMAN)