Council members cleared of non-performance raps

Members of Tuburan's past municipal council were recently cleared of charges for allegedly not performing their mandated duties as elective officials during their term of office.

Respondents to the case were former vice-mayor Petronilo Mendoza, and former councilors Dominador Pesiao Jr., Nicolas Edillon Jr, Eduardo Ondoy, Elias Gallarde, Artemio Alden Jurlano, Constancio Suezo III, Evan Tabotabo, Ray Matthew Laurel, Sesinando Potensioso Jr., and Roy Tabotabo.

They were accused of violating Section 52 of the local government code, when they "conducted only 17 sessions instead of the minimum 44 sessions, from January to November 2002, to the detriment" of people of Tuburan.

The respondents, in their defense, rebutted the accusations saying they held sessions as the law required but they were plagued with "lack of quorum" causing them to adjourn most sessions and, thus, "no ordinance or resolution passed."

They also presented a certification from the council secretary, dated October 15, 2003, attesting to their claims.

The Ombudsman-Visayas, in one of the resolutions dismissing the charges, said the evidence presented failed to prove or suggest the respondents refused to discharge the duties of their office.

In the other decision dismissing the charges, the Ombudsman said the subsequent reelection of councilors Laurel, Potensioso Jr., and Roy Tabotabo was "a condonation of the administrative offenses committed allegedly in the previous term.

The Ombudsman further said that for the respondents who no longer hold office at present, the case "is considered moot and academic." - Liv G. Campo