Barangay treasurer appeals suspension

CEBU, Philippines - A barangay treasurer suspended by Cordova Mayor Adelino Sitoy has questioned his suspension and has filed an appeal before the Civil Service Commission, saying that Sitoy did not only have a jurisdiction over him but also “gravely abused” his duties as a mayor.

“It is apparent that Mayor Sitoy acted beyond his jurisdiction and gravely abused his discretion when he gave due course to a complaint against an appointive employee of the barangay,” read Junbert Bentulan’s appeal sent to the CSC the other day.

Sitoy issued a 60-day preventive suspension dated June 25 against Bentulan, a treasurer of Barangay Ibabao, while an investigation into his alleged falsification of public documents is being investigated.

“Under the Local Government Code, wala’y jurisdiction over a barangay appointive official ang mayor. Ang barangay treasurer is under the local chief executive. Ang local chief executive sa barangay kay ang barangay captain,” said lawyer Jo Feliz Marie dela Calzada, legal counsel of Bentulan.

Dela Calzada said there was no formal charge or a notice of charge issued prior to Bentulan’s suspension, a violation to the Revised Rules on Administrative Cases in the Civil Service (PRACCS).

“Out of capriciousness and partisanship, Mayor Sitoy through the Office of the Mayor of Cordova, Cebu, notwithstanding absence of jurisdiction pursuant to Section 85 in relation to Section 89 and pertinent provisions of Republic Act 7160 and without complying with the requirements of a formal charge and/or notice of charge/s under Section 20 and 21, Rule 5 of RRACCS, took cognizance of the baseless and an unmeritorious complaint against herein appellant and issued the questioned Prevention Suspension Order,” read Bentulan’s appeal.

“The complaint mainly consisted of fabricated and concocted allegations, the purpose of which is clearly to harass and oppress herein appellant, who happens to be an appointee of a barangay captain belonging to a different political party than that of Mayor Sitoy,” it further read.

For these reasons, Bentulan, through his legal counsel, asked the commission to declare Sitoy’s suspension order null and void and reinstate him to his post with back wages.

Bentulan denied Sitoy’s allegation that he forged the signatures of five recipients of the honorarium from the cash prize for last 2011’s E-Gwen program, wherein the barangay won P100,000.

Bentulan said the event happened three years ago and he was only surprised that the mayor had dug it up and even “forcibly” presented these five recipients to testify against him.

He said more than 100 people received P500 each from the E-Gwen prize, but only five “showed up” to say that he signed the papers for them. Bentulan swore that the money went to all the identified recipients.

“Pamulitika ra gyud na’ng iyaha,” he said.

Bentulan was appointed by Ibabao Barangay Captain Chito Bentazal. Bentazal was also suspended earlier this month by Sitoy for alleged grave coercion and abuse of authority. In the last barangay elections, Bentazal defeated Sherie Mae, Sitoy’s niece.

Shortly after Bentazal won, Sitoy withheld the real property taxes share of the barangay. Bentulan said they have three collectible checks now at the municipal treasurer’s office. The mayor also did not release the official receipts of the barangay prompting the officials to give barangay clearances for free. Bentulan said the mayor has also ordered the banks to freeze their accounts.”

Paralyzed ang transaction sa barangay. Ang basic services nag-suffer pud. I don’t know unsaon pagbayad sa kuryente, telepono ug honorarium sa mga officials ug barangay workers ani,” Bentulan said. —  /ATO (FREEMAN)