Ombud junks case against Barili VM, town councilors

CEBU, Philippines - Barili Vice Mayor Marlon Garcia and 10 members of the Sangguniang Bayan (SB) have been cleared of the charges filed against them before the Visayas Ombudsman by Mayor Teresito Mariñas for slashing his proposed budget.

“It is hereby resolved that the instant case against respondents be dismissed for being premature, without prejudice to the outcome of the appropriate remedy that complainant may avail of under the Local Government Code and or the rules of civil procedure,” graft investigator Pio Dargantes stated in dismissing the complaints.

Mariñas earlier charged Garcia together with SB members Luisito Ponsica, William Ouano, Rene Hector Gandiongco, Sheila Pason, Hector Celis, Calsidita Alquizola, Alfredo Pabroa and Anthony Buenavista; ABC President Norman Anore and SK Federation President Christine Amorin for slashing his proposed 2012 budget.

Mariñas alleged that it was aimed to paralyze the operations of the Mayor’s Office.

But Dargantes said based on records the questioned appropriation ordinance is yet to be approved by the complainant.

“If complainant opts to veto the same, the Office of the Mayor will not be deprived of funds because the budget for the previous year will be deemed as adopted,” he said.

Dargantes added that Mariñas should have first raised the matter to the Sangguniang Panlalawigan for review.

“If complainant is to assail the legality of Appropriation Ordinance No. 7 the proper remedy available would be to raise the matter to the SP of Cebu to determine whether it is within the scope of the prescribed powers of the sanggunian,” he ruled.

The complaints that Mariñas filed were violation of Republic Act (RA) 3019 known as Anti-graft and Corrupt Practices Act, violation of RA 6770 known as the Ombudsman Act of 1989, abuse of authority, conduct prejudicial to the best interest of the service and betrayal of public trust.

The SB slashed Mariñas’s proposed budget for general services from P1.8 million to P1 million; traveling expenses from P850,000 to P650,000; training and scholarship expenses from P850,000 to P550,000; other services from P650,000 to P10,000 and for office equipment from P650,000 to P600,000.

Also slashed were the appropriation for motor vehicle maintenance from P1.8 million to P600,000; gasoline, oil and lubricant expenses from P2.6 million to P600,000; intelligence fund from P2.3 million to P150,000; membership dues from P80,000 to P50,000; office equipment from P700,000 to P350,000 and land transportation from P500,000 to P1,000. — (FREEMAN)