CEBU, Philippines - Regional Trial Court Branch 28 has directed the Department of Interior and Local Government to comment on a suspension order against Mandaue City Councilor Editha Cabahug and Barangay Councilor Raul "Kevin" Cabahug.
This after she allegedly continued to hold office despite the court ordered 60-day suspension against her and seven others.
The court also directed the Ombudsman Prosecutor for the Visayas-Prosecutor Nelia Lagura-Prieto to comment on the motion for reconsideration filed by Councilor Cabahug.
The court issued the order last Dec. 23 and gave both parties 10 days to submit their comments. The motions will be heard on Feb. 12 at 2:30 p.m. Cabahug and seven others were meted the preventive suspension for allegedly violating the Anti-graft and Corrupt Practices Act while still holding barangay positions.
RTC Branch 28 acting presiding judge Raphael Yrastorza Sr., in a ruling dated last September 23, granted the State Motion for Suspension of Accused filed by the Office of Ombudsman and ordered the preventive suspension of Councilor Cabahug and seven others for violating Section 13 of Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.
Included in the order for preventive suspension are Erlinda Tarong, Liborio Arcana, Jose Lozano Jr., Alejandro Jayme, Raul "Skipper" Cabahug, Alberto Cabahug and Ma. Lilita Basconillo.
The order stemmed from a case filed in court by Jesus Jamie Flores, a former barangay councilman of Looc, Mandaue City, last May 8, 2006. The case was filed when Editha was then the barangay captain of Looc, Mandaue City and the other accused were her councilmen.
Flores said that he was forced to file a case against Cabahug and the barangay council after the accused failed to comply with a Civil Service Commission order to pay his terminal leave amounting to P148,246.
Flores was a barangay councilman of Looc from 1989 to 2002. He wanted to avail of a terminal leave based on the provisions of the law but claimed that he was given the run-around by Cabahug, the barangay captain at that time.
Flores said he even complied with the process on how to avail of the terminal leave but this was ignored by the barangay council. He then filed a complaint at the Office of the Ombudsman Visayas on September 2002.
The anti-graft office ordered the barangay council to pay the terminal leave, but the order was still ignored.
Flores claimed that Editha even asked him to present an oath of office and a certification from the Commission on Elections to prove that he was elected as barangay councilman.
Last September 30, Editha filed a motion for reconsideration before RTC Branch 28, saying she was not given "adequate opportunity" to challenge the validity of the complaint against her, because of the absence of a pre-suspension hearing. Cabahug, through her motion, also requested the court to order a pre-suspension hearing. (FREEMAN)