Cuenco’s back wages uncertain

CEBU, Philippines — Can Councilor James Anthony Cuenco receive back wages and other benefits now that he is back in office after his suspension?

The Cebu City Council wants to be sure and has sought the opinion of the City Budget Office, Department of the Interior and Local Government, and Human Resource Development Office on this matter.

Cuenco has requested the Office of the Secretariat to process his salary and his letter was presented to the City Council for deliberation and approval.

But the councilors were not certain if Cuenco is still entitled to receive his back wages and benefits for he was replaced by appointed councilor Erik Miguel Espina upon his suspension in 2017.

To recall, in October 2017, the Office of the Ombudsman has dismissed Cuenco from service for serious dishonesty and grave misconduct over his alleged involvement in the misuse of P3.3 million Priority Development Assistance Fund (PDAF) allocation of his father, former south district congressman Antonio Cuenco.

President Rodrigo Duterte appointed Espina to temporarily replace Cuenco in the City Council.

Last January 3, Cuenco returned in office after DILG reinstated him.

In the session, Councilor Alvin Arcilla raised a valid query asking the legislative body or the presiding officer, Vice Mayor Edgardo Labella, whether or not Cuenco is entitled to receive it.

“Is he entitled to receive it? I am not against. It was just a query that can be acted upon,” he said.

Councilor Jocelyn Pesquera who is a lawyer in profession said Cuenco has the right to receive his back wages under existing laws.

“Per law, anybody when there is a reinstatement, the person is entitled to whatever amount that was due to him,” she said.

Arcilla then said they have to seek the opinion of the budget office, DILG and HRDO so that they will be guided on the matter.

Labella shared the same opinion considering that Arcilla raised a valid concern.

“Because I think, if there is an exoneration of an administrative infraction, the respondent, in many cases, is entitled to back wages considering that in this particular case, there is another replacement who received the salary,” he said.

For his part, Cuenco is willing to abide whatever the decision of the concerned agencies will be.

DILG-Cebu City officer-in-charge Emma Joyevelyn Calvo told The FREEMAN that she could not answer the query as she still has to ask their legal officer on Tuesday. (FREEMAN)