CEBU, Philippines - Sibonga Mayor Lionel Bacaltos is set to file a motion for reconsideration before the Office of the Ombudsman-Visayas seeking for the reversal of its decision finding him guilty of simple misconduct.
Lawyer Julius Ceasar Entise, Bacaltos’ legal counsel, told The FREEMAN that he is now preparing the document.
“I’m preparing a motion for reconsideration. Mayor Bacaltos acted well within the general welfare as provided by the Local Government Code,” Entise’s text message said.
The Office of the Ombudsman earlier issued an order suspending Bacaltos for three months without pay.
Graft investigation and prosecution officer II Maria Corazon Vergara-Naraja said there was enough evidence to hold Bacaltos administratively liable when he ordered the removal of the tennis nets at the public tennis court located at the municipality plaza.
“The tennis court is indisputably part of the municipality’s public plaza, hence, a public property. Although technically the tennis court may not be considered a plaza, therefore beyond the purview of Section 21 of Republic Act 7160, respondent is still without authority to arbitrarily cause its closure without at least notifying the public- the taxpayers for whom the tennis court was built,” the decision reads.
According to Tito Satera, Nestor Ponce, Fabian Jose Teves, George Chan, Irvin Rizon, Gerson Chan and Aurelio Amores, all residents of Sibonga, Bacaltos ordered for the removal of the tennis nets without an ordinance or written notice.
The complainants said the tennis court was reopened after their call to the mayor who allegedly agreed on the condition that the tennis club shall be manned by his allies. He also appointed Armistice Uytico, as tennis club president and Edward Llanos, as vice president.
The complainants, however, said Bacaltos removed for the second time the net without a notice to the public and to the tennis players after a conflict allegedly transpired between the tennis enthusiasts and Bacaltos’ appointees.
The net was allegedly not purchased by the municipality but was donated by the individuals for the enjoyment of the tennis club members.
Bacaltos, in his counter-affidavit, said he received complaints that the members of the tennis club have been exclusively using the tennis court.
He said after the Sibonga Tennis Club, Inc. failed to present proof of its right to have the exclusive enjoyment of the facility, he ordered for the lock down of the tennis court while preparing a program for its use.
Likewise, he denied that he appointed allies as the club’s president and vice president and interfered in the club’s internal affairs.
Contrary to the claims of the complainants, Bacaltos said sometime in June 2013, he informed the club that the tennis court will be used as a venue for the Department of Education Provincial Meet and that it needs to be prepared.
Bacaltos insisted that his actions were in accordance with Local Government Code.
With the foregoing facts, Naraja ruled in favor of the complainants.
“Respondent himself admitted in his counter-affidavit that he has the tennis court locked upon receipt of complaints that the facility was being used exclusively by the members of the club. Respondent, however submitted no evidence to prove the existence of those complaints, particularly its source and the specific circumstances when the non-club members were supposedly barred from the facility,” the decision reads. (FREEMAN)