VM, councilors face Ombuds raps over ‘unruly’ suspension

CEBU, Philippines - Vice Mayor Allan Arquillano and members of the Sangguniang Bayan of San Francisco town are facing charges before the Office of the Ombudsman-Visayas for suspending minority member of the SB without allegedly following proper procedure.

Edgardo Maningo, the only minority member of the municipality, said he was suspended for 30 days by the respondents without complying with the requirements of Section 3, Rule XVI of the Internal Rules of Procedure of the Sangguniang Ba-yan of San Francisco.

“…it is clear that the passage and approval of Resolution 112-2014 did not observe the procedures set forth in the Internal Rules of Procedure because the resolution was passed and approved on the same day of the incident, obviously done with undue haste, with respondents acting as if they are above the law,” the complaint-affidavit read.

Aside from Arquilla-no, other named respondents were Councilors Aurelia Andrade, Alejandro Cartagena, Renato Borromeo, Nerisa Arquillano, Avelino Obenza, Silvestre Formentea Jr. and Hectpor Capao.

The officials were sued for grave abuse of authority, oppression, gross misconduct, conduct unbecoming of a public official and a violation of Section 3 (e) of Republic Act 3019 known as Anti-Graft and Corrupt Practices Act.

On June 17, 2014, Maningo said during their session, he sought recognition from the vice ma-yor, who was the presiding officer, to speak on matters relative to his proposed resolutions calendared for that day.

He, however, said the vice mayor allegedly refused to recognize him and ignored all of his six attempts to seek recognition to speak.

“Infuriated by Arquillano’s conduct and lack of respect for my rights as a member of the Sanggunian, I openly questioned his conduct, stood up, banged a bunch of papers on my desk and walked out of the session hall as a sign of protest,” he said, adding three days from the session, he received a resolution suspending him for a period of 30 days for his manner from June 24 to July 23, 2014.

On June 23, he said he filed a motion for reconsideration on the grounds that Resolution No. 112-2014 violated the Internal Rules of Procedure, but the same was denied.

Section 3: Initiation of Action and Conduct of Investigation. It means that “the Committee on Rules shall take cognizance of all the offenses enumerated in the preceding section committed by any members of this Sanggunian…and shall initiate the necessary disciplinary action. It shall forthwith conduct the necessary fact-finding investigation and thereafter shall submit its committee report together with the corresponding recommendation for consideration of the Sangguniang  Bayan sitting en banc.”

However, Maningo said the respondents did not observe the procedures as stated in Section 3 because the resolution suspending him was passed and approved on the same day of the incident.

In a separate interview, Arquillano told The FREEMAN that Maningo showed rude behavior while the council was having a session and hit the table with a logbook.

This prompted the committee to decide on the 30-day suspension of the councilor. Arquillano believed that they just followed the rules and procedure.

“Diha man ang co-chairman and the three members sa committee so they acted on it. Nakakita gud mi tanan unsa kabastos iyang gipakita,” Arquillano said, adding that the committee’s chairman was out then for an official business.

Aside from the complaint filed before the Ombudsman, Maningo also has a pending petition for certiorari, prohibition and injunction with prayer for a temporary restraining order before the Regional Trial Court in Danao City but it was reportedly dismissed.

Arquillano is also eyeing to file charges against Maningo for the latter’s misconduct in office. (FREEMAN)