PB denies appeal of suspended officials

CEBU, Philippines - The Cebu Provincial Board has dismissed the appeal of the barangay captain of Ibabao, Cordova and his brother, a councilman, who were preventively suspended for 60 days by Mayor Adelino Sitoy.

 Yesterday, the PB approved the recommendation of the Committee on Complaints and Investigation for the dismissal of the appeal filed by Barangay Captain Chito Bentazal and Councilman Marvin Bentazal for being “premature and unprocedural.”

 Committee chairperson, Board Member Arleigh Jay Sitoy, said the appeal of the Bentazals’ is in the nature of an “Interlocutory Order” as it does not dispose of the case completely.

 “Thus, this Committee does not have jurisdiction over the case as under Section 67 of the Local Government Code, the Sangguniang Panlalawigan has jurisdiction over appeals only and not over interlocutory orders,” said Sitoy.

 Sitoy noted that the “bone of the contention of the appeal” is the preventive suspension of the respondents and the merits of the case are yet to be determined by Cordova’s town council.

 “Clearly, therefore, the appeal is not based on the complete disposition of the case,” he said.

 Sitoy added that it is the court that is the proper venue to file the appeal in response to the query of PB Member Thadeo Ouano.

 The two barangay officials, together with four tanods, Emeliano Bentazal, Teodoro Berdin, Efren Marcillana and James Tampus, are now facing charges for grave coercion and abuse of authority filed by the police before the Cebu Provincial Prosecutors Office.

 With this, Mayor Sitoy preventively suspended the four tanods for two months.

 The case stemmed from the complaint filed by Ruben Co, 50, a resident of Barangay Ibabao and chairman of the committee on entertainment for the barangay’s fiesta.

Co said that after securing the necessary permits from the office of the barangay captain, police and mayor’s office to hold a disco last May 10, he hired some personnel to install the sound system and the lighting equipment inside the basketball court.

 However, the Bentazals, escorted by the four tanods, reportedly arrived and were very angry with the barangay captain claiming that he never issued a permit for the disco. He then directed to stop the installation of the sound system and the lights.

 Co noticed that Councilman Bentazal was carrying a black tennis racket bag and since it was not properly zipped, he saw a firearm magazine inside. Scared that the councilman will do something bad, he wrestled for the bag.

 Senior Police Officer 3 Rolan Pogoy, who happened to be in the area, quickly responded and was informed by Co about Bentazal carrying a firearm.

 The four tanods prevented Pogoy from arresting the barangay officials. But despite being outnumbered, the policeman managed to disarm Councilman Bentazal of his KG9 machine pistol and arrested him.

 Co filed a complaint against the barangay captain because he did not make a move to arrest his brother for illegal possession of firearms in his presence. The police certified that the barangay councilman had no permit for his gun.

Mayor Sitoy justified his order to place the two barangay officials under preventive suspension, saying that “the evidence of guilt against them being strong and to prevent them from exerting undue influence or pressure on complaining witnesses to the incident.”  (FREEMAN)