For violations while still a Brgy Chief: M’daue councilor faces suspension

CEBU, Philippines - A Mandaue City councilor and seven others have been slapped with a 60-day preventive suspension for violating the Anti-graft and Corrupt Practices Act while still holding barangay positions.

The court decision came just a week after a town mayor and seven others faced the same consequence.

Regional Trial Court (RTC) Branch 28 acting presiding judge Raphael Yrastorza, Sr., in a ruling dated September 23, 2013, granted the State Motion for Suspension of Accused filed by the Office of Ombudsman and ordered the preventive suspension of Mandaue City Councilor Editha Cabahug and seven others for violating Section 13 of Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.

Included in the order for preventive suspension are Erlinda Tarong, Liborio Arcana, Jose Lozano Jr., Alejandro Jayme, Raul “Skipper” Cabahug, Alberto Cabahug and Ma. Lilita Basconillo.The order stemmed from a case filed in court by Jesus Jamie Flores, a former barangay councilman of Looc, Mandaue City, on May 8, 2006.

The case was filed when Editha was the barangay captain of Looc, Mandaue City and the other accused were her councilmen.

Lozano and Editha’s son, Skipper, are the only incumbent councilmen of Barangay Looc.

Flores said that he was forced to file a case against Cabahug and the barangay council after the accused failed to comply with a Civil Service Commission order to pay his terminal leave amounting to P148,246.

Flores was a barangay councilman of Looc from 1989 to 2002. He wanted to avail of a terminal leave based on the provisions of the law but claimed that he was given the run-around by Cabahug, the barangay captain at that time. 

Flores said he even complied with the process on how to avail of the terminal leave but this was ignored by the barangay council.

He then filed a complaint at the Office of the Ombudsman Visayas on September 2002.

The anti-graft office ordered the barangay council to pay the terminal leave but the order was ignored.

Flores claimed that Editha even asked him to present an oath of office and a certification from the Commission on Elections to prove that he was elected as barangay councilman.

“Gibalewala lang ko nila bisan ug nakakuha nako ug favorable reply coming from the Civil Service, DILG and the Commission on Audit and the Ombudsman even ruled for it apan wa gihapon ko nila panumbalinga, busa nibalik ko’s Ombudsman,” Flores said .

He said that when he went back to the Ombudsman, another investigation was conducted and the case was referred to the CSC for further review and consideration.

Flores said that the CSC once again ordered the processing of the payment of his terminal leave but still there was no action from Cabahug and the rest of the barangay council.

He said that he even gave the barangay council some leeway by submitting a demand letter but still he was ignored, prompting him to file a criminal case in court.

Sometime in 2011, the Office of the Ombudsman-Visayas upheld its earlier decision that suspends all the barangay officials of Looc led by Editha for six months after they were found guilty of oppression.

Graft Investigator Jane Aguilar denied the motion for reconsideration filed by the three of the accused who were ordered suspended by the anti-graft office for allegedly conspiring with the then Looc barangay captain.

Yrastorza stressed that the provision of suspension pendente lite applies to all persons indicated on valid information under the Anti-Graft and Corrupt Practices Act, whether they be appointive or elective officials; or permanent or temporary employees.

“Thus, it is mandatory for the court to place under preventive suspension public officers accused before it,” said Yrastorza in his three-page order.

Cabahug is set to hold a press conference today to comment on the suspension order. — /QSB (FREEMAN)