2013 calamity assistance: City aid probe hits snag anew

CEBU, Philippines - The investigation into Cebu City’s controversial aid released in 2013 for calamity victims was stalled yet again.

Yesterday was supposed to be the third day of the investigation but the Department of Interior and Local Government-7 had to suspend the hearing again after city government lawyers asked for a written version of a verbal order issued earlier by hearing officer Isidro Barrios III.

The verbal order denied the city’s motion to include Councilors Margarita Osmeña, Lea Japson, and Richard Osmeña in the case because DILG has no authority to include “indispensable parties” as the same is the prerogative of the complainant.

The complainant, Atty. Reymelio Delute, did not include the three councilors because Osmeña and Japson abstained from voting while Richard was not present at the session hall when the ordinance was approved.  Delute could not hide his disappointment.

“Simple kayo ning ilaha. They are trying to delay the proceedings and ma-extend gyud ni kay wala pa ta naka-start sa atong formal investigation kay sige sila’g pangayo og written pre-trial order. Indecisive pod atong hearing officer,” Delute said.

Delute has sued Mayor Michael Rama, Vice Mayor Edgardo Labella, and City Councilors Nestor Archival Sr., Mary Ann de los Santos, David Tumulak, Nendell Hanz Abella, SisinioAndales, Alvin Arcilla, Roberto Cabarrubias, Ma. Nida Cabrera, Gerardo Carillo, Alvin Dizon, Eugenio Gabuya Jr., and Noel Wenceslao for grave misconduct and abuse of authority.

Delute has alleged that the city officials’ act of giving P20,000 each to 4,200 city officials and employees after typhoon Yolanda and the magnitude 7.2 earthquake in Region-7 was questionable because the recipients were actually not direct victims.

City Attorney Jerone Castillo denied the city is delaying the case.

“The 90-day period in resolving the complaint has not started yet because we are still in the pre-trial stage. We have not started the formal investigation yet. The pre-trial order has to be amended since there are orders from the hearing officers and it should be included in the pre-trial order since the order is the basis in the formal investigation,” Castillo said.

Preference?

While Delute is disappointed with the delay, city lawyers also feel DILG is giving Delute undue advantage.

“It’s disturbing kay murag maka-sense mi og gamay nga leaning sa hearing officer padung sa complainant,” said Atty. Floro Casas Jr.

For example, in the ruling against the inclusion of the three councilors, Casas said Barrios should not have cited as basis the case of Governor Gwendolyn Garcia because the same is not a settled jurisprudence.

“Naa man gud sa ilang rules ang suppletory characters sa rule of court. So, kung walay applicable rules sa ilang rules, ang rules of court mo-apply. Pero it would seem man gud nga kon  pabor sa complainant, i-approve nila ang rules of court pero kung pabor sa respondents, dili nila i-apply ang rules strictly,” Casas said.

He said it is possible that they will move for Barrios to inhibit from the investigation.

Also yesterday, Barrios issued a written order granting Delute’s request for DILG to summon City Treasurer Diwa Cuevas to stand as witness to explain where the money for the calamity aid came from. — /JMO (FREEMAN)