San Fernando officials cleared of misconduct raps

CEBU, Philippines - For lack of basis, the Office of the Ombudsman-Visayas dismissed the case for misconduct and grave abuse of authority filed by Councilor Ramulfo Sasuman against San Fernando Mayor Antonio Canoy, Vice Mayor Miguel Antonio Canoy and eight other respondents.

The other respondents include incumbent municipal councilors Vidala Loguiber; Neil Enriquez; Alexander Alicaway; Association of Barangay Councils President Remegio Alicaway; Sangguniang Kabataan (SK) President Ricci Regen Reluya; and former municipal councilors Juvy Procianos, Eutiquio Baricuatro and Felipe Parimo.

The case against the respondents stemmed from an incident in 2009 when Governor Gwendolyn Garcia appointed Sasuman to fill in the slot vacated by then councilor Samuel Enad Jr.

Sasuman said the respondents allegedly refused to recognize his appointment and prevented him from assuming post despite intervention from the Department of Interior and Local Government. 

“Thus, the acts of the respondents have prejudiced not only of my rights to office but also the legal rights of my constituents,” Sasuman said.

Antonio was still vice mayor while Miguel Antonio was still councilor at that time.

In their counter-affidavit, the respondents said Sasuman did not exercise his duties as councilor and did not attend or participated in the council sessions. Despite these, Sasuman allegedly collected and received a few months salary as councilor without prior approval from the vice governor’s office and despite questionable supporting documents.

They said they did not refuse Sasuman’s appointment but required him, through Resolution No. 241 dated August 3, 2009, to submit party nomination and certificate of membership with the SB secretary. Sasuman allegedly failed to heed the same before assuming office.

Sasuman reportedly eventually submitted a certificate of nomination signed by Congressman Eduardo Gullas from Kampi/Alayon party, but the same could not be honored because Enad and Sasuman came from different parties. On this premise, Sasuman could not replace Enad.

Enad belonged to Kabalikat ng Malayang Pilipino (KAMPI) as shown in his certificate of candidacy and certificate of nomination while Sasuman belonged to Kampi/Alayon as shown in his certificate of membership and certificate of nomination.

In her decision, graft investigator Jane Aguilar ruled that “without such proof of a valid appointment, respondents cannot be guilty of misconduct or grave abuse of authority.” – (FREEMAN)