The councilmen, Pedro Cumpio and Manuel Gimeno, complained that Ralota violated the law when he persuaded barangay council members in their April 2, 2005 session to pass a resolution declaring them absent during a gathering on March 19, 2005.
"There was no session held on March 19, 2005, rather only a barangay assembly was conducted," the complainants said.
When the resolution was passed on May 7, 2005, Cumpio and Gimeno asked the proponent, councilman Agapito Arnado Jr., if there was indeed a regular session on March 19, but Arnado reportedly replied there was none.
Ralota, in an interview with The FREEMAN yesterday, maintained that the barangay council agreed to consolidate the assembly and the session.
"Unsaon man, naghimo sila og ilang kaugalingong barangay assembly. Nagkasinabot man ang konseho nga idungan nalang namo ang assembly ug session," Ralota said, believing that the complaint filed against him was purely political. Ralota added that he is willing to face any investigation.
But graft investigator Charina Navarro-Quijano, in her report approved by Deputy Ombudsman Primo Miro, said that a disciplinary action against any elective official should be filed before the City Council.
"In this particular instance, the Sangguniang Panlungsod of the Cebu City has jurisdiction over the administrative complaint against T. Padilla barangay captain Michael Ralota, pursuant to the provisions of the Local Government Code," Quijano said.
She added that she would endorse the complaint to the City Council. - Garry B. Lao