CEBU, Philippines - To avoid perception of bias on the part of the Cebu City Council, Vice Mayor Edgar Labella has asked again the Office of the Ombudsman to assume sole jurisdiction over cases against barangay officials.
Last Monday, Labella wrote Acting Deputy Ombudsman for the Visayas Rodolfo Elman reiterating their request for inhibition after their request last year was not acted upon.
“Unfortunately, the Sangguniang Panlungsod’s request appears not to have been given favorable attention judging from the recent numerous referrals by that office (Office of the Ombudsman) of said cases to SP. In the meantime, the concern or issue of bias persists,” Labella’s letter reads.
Labella said “biases” may arise because of the political nature of the positions of the members of the Council and the respondent barangay officials. He said it is important to maintain the “trust and confidence of the people in the integrity of disciplinary proceedings against public officials and employees.”
“From its experience in the conduct of said administrative investigation, however, a concern or issue that invariably arises, and that is the perception of bias on the part of the members of the investigating body for or against the respondent/s in the case. The perception, whether real or imagined, arises because of the similar political nature of parties…,” the vice mayor said.
In a resolution dated August 28, 2013, the Council said administrative cases must not be endorsed and resolved by local officials, pointing out that biases are somewhat inevitable.
“In any administrative investigation conducted by the SP over an erring elective barangay official, wherein both investigator and respondent occupy political positions in the same political entity, the perception of bias on the part of the investigator, whether for or against the respondent, becomes unavoidable,” the resolution reads.
“The importance of appearance of an impartial process cannot be overestimated in preserving the trust and confidence of the people in the integrity of disciplinary proceedings against public officials and employees,” the resolution reads further.
The Council and Ombudsman have concurrent jurisdiction in investigating administrative cases pursuant to the Local Government Code of 1991 and Ombudsman Act of 1989. (FREEMAN)