CEBU, Philippines - The Ombudsman has suspended a barangay captain of Talisay, Santa Fe town for one month and one day for simple misconduct.
Graft investigation and prosecution officer 1 Marie Fe Frances Seville-Ang held Adoracion Cabrera administratively liable for appointing barangay treasurer, Regalado Landao, which is a violation under Section 94 of Republic Act 7160 known as the Local Government Code of the Philippines.
“A perusal of the records shows that respondent Cabrera appointed respondent Landao, who is a losing Sangguniang Bayan member candidate in the May 2010 election, to the position of barangay treasurer in violation of the Local Government Code. Clearly, respondent Cabrera performed an unlawful act in relation to the duties of his office,” her decision reads.
The anti-graft office also directed Santa Fe Mayor Jose Esgana to implement the suspension.
The Public Assistance and Corruption Prevention Office (PACPO) lodged the complaint against Cabrera and Landao for grave misconduct.
Under Section 94 of RA 7160, the PACPO stated that except for the losing candidate in barangay elections, no candidate who lost in any election shall be appointed to any office in the government or any government-owned or controlled corporation or in any of their subsidiaries within one year after the election.
The Ombudsman, however, dropped Landao from the complaint for lack of evidence.
“On the part of respondent Landao, there is neither allegation nor proof that he conspired with respondent Cabrera to be appointed to the position of barangay treasurer. Records are also bereft of evidence that respondents Landao performed overt acts with the intention of furthering the unlawful appointment,” Ang said in her ruling. — Mylen P. Manto/ATO (FREEMAN)