PB asked for report on Barili tragedy

CEBU, Philippines - The Office of the Ombudsman-Visayas has asked the Cebu Provincial Board (PB) if it has conducted investigation on the tragic incident involving the garbage truck of the Municipality of Barili last August 18, 2011.

The letter dated January 2, 2012 signed by Assistant Ombudsman Virginia Palanca-Santiago was received by Vice Governor Agnes Magpale last Tuesday. “If, may we also request a copy of the said Investigation Report conducted by your office?,” the letter reads.

 Immediately, Magpale wrote a letter to the Office of the Ombudsman-Visayas informing them about the action taken by PB on the fatal incident.

On November 21, 2011, the PB turned down the request of the Sangguniang Bayan of Barili to investigate the accident that killed 12 people for lack of jurisdiction.

PB Member Joven Mondigo, Jr., chairman of the committee on complaints and investigation, recommended to return the resolution to Barili without taking cognizance of the request.

“The said resolution is a request for an investigation of an incident but there is no formal and verified complaint officially lodged nor a specific individual or municipal official identified as respondent answerable for specific act/s committed which can be considered illegal, object ionable and culpable,” Mondigo’s committee report reads.

Magpale, in her letter-reply to Deputy Ombudsman Pelagio Apostol, quoted the same reasoning Mondigo had pointed out in his committee report. A copy of the committee report adopted by PB was attached to the letter for Apostol. 

The Municipal Council of Barili through SB Resolution No. 37-AU24-11 requested the PB to look into the incident that killed 12 people and injured 59 others after a municipal government-owned dump truck overturned in Barangay Kangdampas, Barili while on a funeral procession.

Mondigo said Provincial Ordinance No. 2009-06, which prescribes the rules and procedures governing investigation of administrative cases against elective municipal officials of the Province of Cebu, was not applicable.

Section 3 of said Ordinance states that, “an administrative case may be initiated by any private individual or any government officer or employee by filing a verified complaint against any elective municipal officials.”

Section 4 further states that the complaint must be under oath and must be properly captioned.

Mondigo also cited the Local Government Code of 1991 in which a complaint against any elective official of a municipality shall be filed before the Sangguniang Panlalawigan whose decision may be appealed before the Office of the President.

The PB rules of procedures also provide that the committee on complaints and investigation, in aid of legislation, is tasked to study, investigate all verified complaints filed against municipal/city officials under the jurisdiction of the Province and to recommend action.

The SB resolution was triggered by the request of former Barili Vice Mayor Ramon Ewican for the municipal council to investigate.

But the SB forwarded the request to PB as well as the Office of the Ombudsman-Visayas so the body would not be accused of being biased. — (FREEMAN)