CEBU, Philippines - The Office of the Ombudsman-Visayas found enough basis to proceed with the criminal and administrative investigations against Toledo City Mayor John Henry Osmeña and four other officials.
In two separate orders dated August 20, 2014, acting Evaluation and Investigation Office (EIO) Team B director Jane Aguilar ordered Osmeña, Vice Mayor Antonio Yapha Jr., and Councilors Leo Dolino, Zosimo Abellanosa and Merly Abad to answer allegations they abused their authority and violated the Local Government Code.
In two other orders both dated August 26, 2014, acting EIO director Euphemia Bacalso also ordered Osmeña to submit his counter-affidavits and evidence in the alleged illegal use of public funds or property, and for misconduct.
The respondents were ordered to submit their counter-affidavits within 10 days from receipt of the orders.
The Ombudsman said motions to dismiss, motion for bill of particulars and similar dilatory motions are prohibited pleadings and shall be stricken off the records of the case.
Originally, Councilors Ricardo Pepito, Antonio Borja Jr., Rogelio Caburnay, Louis Nicholas Espinosa, Helen Jill Espinosa and Edgardo Aguilar who composed the majority members of the City Council filed three separate charges against the respondents before the anti-graft office last May.
Osmeña, Yapha, Dolino, Abad and Abellanosa were charged of abuse of authority for alleged illegal passage and approval of the 2014 budget amounting to P619 million.
The complainants alleged there was no quorum during the special session when the questioned ordinance was passed on March 27. Osmeña approved the controversial ordinance on the same day.
Present during the special session were Pepito, Helen Jill, Dolino, Abad and Abellanosa.
On April 16, Osmeña through the secretary to the mayor, Rebecca Baladya, issued a notice that the salaries for the City Hall employees for the period April 1 to 15, 2014 could not be paid on time because of a temporary restraining order issued by the Regional Trial Court.
This prompted the complainants to file separate charges of abuse of authority and libel against Osmeña and Baladya.
The complainants cited Section 323 of the Local Government Code provides that only the annual appropriations for salaries and wages of existing positions, statutory contractual obligations, and essential operating expenses authorized in the annual and supplemental budget budgets for the preceding year shall be deemed reenacted and disbursement of funds shall be in accordance therewith.
Osmeña said he just obeyed the order of the court.
Osmeña also faced separate charge of illegal use of public funds and property for holding office at the city-owned Travelers’ Inn.
Since he assumed office on July 1, 2013, Osmeña has been holding office at the Traveler’s Inn to be closer to the people.
The complainants, however, cited Section 11 of the Local Government Code that if the seat of government especially the office of the chief executive will be transferred, two legal requirements must be complied with first – a public hearing and a vote of 2/3 of all the members of the City Council – which are allegedly absent in the current situation.
Section 12 of the code provides further that a government office should, as far as practicable, be located in one government center and that is the City Hall. Osmeña argued, however, that he did not transfer the seat of government because the facility is owned by the city. — Gregg M. Rubio/JMO (FREEMAN)