Ombuds suspends OIC of Mandaue City's TEAM

CEBU, Philippines - The officer-in-charge of the Traffic Efficiency Agency of Mandaue (TEAM) is facing one-month suspension without pay, after he was found guilty for simple neglect of duty after issuing a temporary operator’s permit (T.O.P.) to a jeepney driver.

Despite claiming that he has no ill-motive in issuing the T.O.P. against jeepney driver Ferry Sia, TEAM OIC Domingo Cortes was found administratively liable.

Graft investigator Irish Amores found Cortes guilty of simple neglect of duty after finding sufficient evidence.

Sia, a jeepney driver plying the route of Punta Engano-LLC-SMC Highway Mandaue via MEPZ 1, in his complaint, said that Cortes apprehended him and issued a T.O.P. for a traffic violation which he said was Disregarding Traffic Officer (DTO).

The alleged apprehension was made in accordance with the implementation of the 30-day re-routing scheme embodied in a resolution by the Mandaue City Council.

Sia said his franchise route was not mentioned in the said re-routing scheme and cannot be apprehended for DTO.

He filed a complaint before the Land Transportation Office (LTO) who ruled in his favor.

Sia argued that he never violated any traffic law, ordinance or resolution and that respondent had no reason to apprehend him. He added that the respondent exercised grave abuse of authority.

Cortes, in his counter-affidavit, denied having violated the law.

He said that at 9:00 a.m. on November 29, 2009, together with other traffic enforcers, they implemented the resolution re-routing the jeepneys to travel along the reclamation area for the period of 30-days.

In relation, respondent said they put up signages at the intersection of A.C. Cortes and Plaridel Sts., informing vehicles coming from Lapu-Lapu City to take a left-turn towards Plaridel, going to the direction of Mandaue City Reclamation Area.

Cortes said that the complainant allegedly insisted on going straight towards A.C. Cortes Avenue towards the direction of the Maguikay Flyover, which was temporarily prohibited.

“Because of complainant’s insistence to drive towards the Maguikay Flyover despite their verbal instruction to the contrary, he was compelled to issue a TOP for disregarding a traffic enforcer,” Cortes said.

He added that he was just performing his duties.

In her decision, Amores ruled that based on the evidence presented, respondent has no ground to order Sia not to enter A.C. Cortes Avenue towards the direction of the Maguikay flyover as the resolution prohibiting to enter the said road had already expired.

She added that respondent failed to support his contention that there has been an extension of the 30-day temporary re-routing scheme.

Sia in his complaint before the LTO raised as ground, the alleged expiration of the Mandaue City Council resolution.  - (THE FREEMAN)