In a statement, Deputy Ombudsman for the Visayas Primo Miro said investigators found enough evidence to suspend Laspoña for misconduct based on verified documents submitted by complainant lawyer Emards Chy.
Interior and Local Governme nt regional director Roberto Abejero, in his letter dated July 25, asked Mayor Tomas Osmeña for the immediate implementation of the suspension order pursuant to the mayor's supervisory and disciplinary authority over barangay officials.
Last February 16, 2004, the heirs of Julio Tabora were informed that several persons were conducting mining activities in the land located in Sinsin covering an area of about 53,202 square meters.
The heirs of Tabora conducted an investigation and discovered that Laspoña was responsible for the mining activities on their land.
Chy said that Laspoña did not possess a permit for the mining bureau and Tabora's heirs were not informed about the activity nor did they consented to it.
An order dated August 16, 2004 was issued against Laspoña to submit a counter-affidavit to refute the allegations of Chy but no counter-affidavit was filed. So the investigator of the Ombudsman submitted resolution based on records.
Graft investigator officer III Alvin Butch Cañares said that at least three witnesses positively identified Laspoña as the person who caused the construction, entry, and exploitation of the coal mine constructed at the property owned by Tabora's heirs.
The Ombudsman told Laspoña that "as public officer and the foremost representatives of the government in the barangay, Laspoña is duty bound to respect the rights of others and to obey the law."
Laspoña, according to the statement of the Ombudsman, has set a "bad example" to his constituents by conducting himself without due regard for the law and rights of the others.