Reverse 3-month suspension

CEBU, Philippines - Sibonga town Mayor Lionel Bacaltos has asked the Office of the Ombudsman-Visayas to reconsider its decision finding him guilty of simple misconduct and was meted three months suspension without pay.

Bacaltos asked for the dismissal of the complaint for “lack of legal and factual basis.”  

“It is most respectfully prayed of this Honorable Office that the Decision dated 26 June 2014 be set aside for utter lack of both factual and legal basis. It is likewise prayed that this instant administrative complaint against respondent Lionel E. Bacaltos be dismissed,” read the motion for reconsideration.

The suspension stemmed from the mayor’s order to close the town’s tennis court.

The complaint was filed by former mayor Nestor Ponce, Tito Satera, Fabian Jose Teves, George Chan, Irvin Rizon, Gerson Chan and Aurelio Amores.

The complainants accused Bacaltos of grave misconduct but the case was downgraded into simple misconduct.

Lawyer Julius Caesar Entise, counsel or Bacaltos, said his client only exercised his authority as local chief executive when he ordered the closure of the tennis court.

He cited the general welfare clause under Section 16 of the Republic Act 7160 otherwise known as the Local Government Code.

The mayor removed the net of the tennis court after learning that only members of the Southeast Sibonga Tennis Club were allowed to play for free. Non-members were asked to pay.

The anti-graft office, however, said Bacaltos failed to show evidence that the tennis court was exclusively used by the club members.

Although he was found administratively guilty, Bacaltos was exonerated of any criminal liability. Entise said the Ombudsman dismissed the criminal aspect of the case against his client. (FREEMAN)