Brgy chief files raps vs. San Fernando officials

CEBU, Philippines - The barangay captain of Sangat in the southern town of San Fernando has filed an administrative case against eight officials of the town for placing him under two-month preventive suspension with unverified complaint.

Barangay Captain Jose Nunilon Garces asked the Office of the Ombudsman to investigate Mayor Antonio Canoy, Vice Mayor Miguel Antonio Canoy and six councilors for grave abuse of authority, oppression, grave misconduct, gross negligence and dereliction of duty.

Other named respondents were Councilors Vidala Loguiber, Aleander Alicaway, Alfonso Donaire IV, Neil Enriquez, Poch Abel Manlosa and Santiago Charito Manlosa.

Garces alleged that Mayor Canoy acted with grave abuse of authority and discretion and in obvious political motive in suspending him preventively. The mayor placed Garces under preventive suspension for 60 days or two months pending resolution of the administrative case filed by his political critic.

“Mayor Canoy acted on the resolution of San Fernando Municipal Council requesting the mayor to place Garces under preventive suspension pending resolution of the administrative charges against the barangay captain,” Garces’ complaint reads.

It was a certain Marilou Isidoro who filed the complaint against Garces and Ivan Aguinsandra, secretary of Barangay Sangat, San Fernando last September 11, 2011.

Isidoro alleged that she won the nomination to fill a vacant seat in the Sangat barangay council last March 5, 2011, but Garces and Aguisandra allegedly refused to sign the resolution of the Sangat council endorsing her to Canoy for formal appointment.

A seat at the Sangat council became vacant after Edgar Enad resigned as barangay captain. Garces, being the first councilor, automatically became the village chief, leaving a vacant seat in the council.

In his complaint with the Ombudsman, Garces said Isidoro got three votes during the nomination but the same reportedly did not constitute majority of the votes of the council members to establish a quorum.

He said the law requires majority of votes of the members to constitute a quorum and not the plurality of votes. This was reportedly supported by the Department of Interior and Local Government (DILG).

Because of this, he and his secretary did not sign the endorsement for Isidoro's appointment.

Garces’ lawyer Oliveros Kintanar said the facts and circumstances surrounding the complaint against his client did not justify the preventive suspension.

Kintanar said the town officials ought to be investigated since their action in placing Garces under preventive suspension was a glaring violation of the existing law, punishable under Section 60 of the Local Government Code. – (FREEMAN)