PB tells barangay chief to serve his suspension

CEBU, Philippines - The Cebu Provincial Board (PB) has told the suspended barangay captain of Bakhawan in Daanbantayan, Cebu to serve his two years suspension until his appeal is finally resolved.

The PB approved the report of the committee on complaints and investigations chaired by Board Member Joven Mondigo Jr. denying the petition of Bernardito Luche Jr. to stay the execution of his suspension.

“Let it be noted however, that the issues and merits of the main case will be decided by this appellate body after all the evidence shall be weighed and evaluated,” read Mondigo’s committee report.

Luche, incumbent barangay captain of Bakhawan, was charged for grave abuse of authority, oppression, serious misconduct and gross dishonesty filed by barangay councilor Veronico Espinosa before the Municipal Council of Daanbantayan, Cebu.

In a decision dated February 3, 2012, the Municipal Council found Luche guilty of four administrative infractions and imposed the administrative penalty of suspension from office for a period of six months each of every infraction committed by the respondent.

Luche filed his instant appeal before the PB on March 27, 2012.

Pending the resolution of the merits of his appeal, Luche filed a petition to stay execution of decision on April 12, 2012 and invoked the case of Berces vs. Hon. Secretary Teofisto Guingona Gr. No. 112099 February 21, 2005.

Mondigo however said that the committee found no basis to the petition to stay the execution of the decision of the municipal council.

Mondigo pointed out that the Section 68 of the Local Government Code of 1991 in relation to Article 133 of the implementing rules and regulations of the same provides that an appeal shall not prevent a decision from becoming final and executory.

The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal.

In the event the appeal results in an exoneration, he shall be paid his salary and such other emoluments accruing during the pendency of an appeal.

Mondigo said that Luche’s reliance in the Supreme Court decision is misplaced and does not fall squarely in the case at bar because it was the Office of the President who directed and ordered to stay the suspension pending appeal pursuant to his authority under Administrative Order 18 dated February 12, 1987.

Luche was charged for allegedly confiscating cut trees without authority, blottered a certain person even he was not caught illegally cutting trees and collecting barangay clearance fees in excess to what is authorized by the ordinance.  (FREEMAN)