To file motion to lift suspension, RTC gives 5 days for Cabahug's lawyer

CEBU, Philippines - The Regional Trial Court Branch 28 in Mandaue City has granted the defense lawyer of Mandaue City Councilor Editha Cabahug to file within five days, the motion to lift the preventive suspension order against her client on the ground of lack of jurisdiction.

However, the motion to give another five days to amplify the issue with regards to jurisdiction was being contested by lawyer Jess Vincent Dela Pena of the Office of the Ombudsman Visayas as he wanted that the 60-day preventive suspension be implemented considering the case has been languishing for many years now.

He said that a "preventive suspension" is mandatory to all public officials who are facing an anti-graft complaint.

But Judge Mercedita Dadole-Ygnacio, presiding judge of the RTC Branch 28, has granted the motion of lawyer Benjamin Cabrido, the legal counsel of Cabahug, to file the said motion within five days.

This as she also ordered for the "status quo" of the implementation of the 60-day suspension against Cabahug and his son Raul Kevin Cabahug who is an incumbent councilor of  Barangay Looc, Mandaue City.

Cabrido during yesterday's hearing of the motion for reconsideration told the court that it has no jurisdiction to implement the preventive suspension against his client who is a city councilor.

Cabrido added that a city councilor of a highly-urbanized city with a salary grade of 27 and allegedly violated the Anti-Graft Practices Act should be suspended by the Sandiganbayan and not a lower court. It is for this reason that he asked the court five days to amplify the issue with regard to "jurisdiction."

"Kun jurisdiction na gani ang hisgotan, usa na ka seryoso nga isyu busa ang korte dili pwede nga dili na niya i-grant," Cabrido said.

The order stemmed from a case filed in court by Jesus Jamie Flores, a former barangay councilman of Looc, on May 8, 2006. The case was filed when Editha was the barangay captain.

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 in September 2002.

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

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 suspended for six months all the barangay officials of Looc led by Editha after they were found guilty of oppression.

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.

Cabahug did not surface during yesterday's hearing but was represented by his son Raul Kevin who is among the accused. — (FREEMAN)