PB overloaded with complaints

CEBU, Philippines - Cebu Vice Governor Agnes Magpale admitted that the Provincial Board is already overloaded with 18 complaints involving elected officials which are pending before the investigating committee.

Magpale, the PB presiding officer, said none of the administrative complaints referred to the PB committee on complaints and investigation has been given a final judgment.

She attributed the slow resolution of the complaints to the “delaying tactics” allegedly employed by some of the parties involved.

Board Member Arleigh Sitoy, who heads the investigating committee, pointed out earlier that the delays are due to the filing of answer from the respondents.

He explained that the complaint, as “part of the due process,” cannot be referred to the committee when there is no answer from the respondent.

In an effort to address the concern, Magpale said the investigating body would now be stricter in observing the timeline like the filing of answer.

“We are already burdened. That’s why we passed the amendment,” Magpale said, adding that the body is hoping that the amendments would expedite the resolution of the complaints.

The PB has earlier passed an ordinance introducing amendments in the rules of procedure in administrative complaints which include, among others, the setting up of timelines.

Under the amended procedure, respondents are given 15 days to file an answer. However, the case will still proceed in the event that the answer is not verified as if there is no answer filed.

The respondent will be given a maximum of 45 days to answer, in case of motion for extension of time.

Should the respondent fail to answer the complaint within the 15-day period given, the PB shall immediately render judgment as may be warranted by the facts alleged in the complaint and the accompanying affidavits.

The rules also prohibit pleadings and motions such as motion to dismiss, motion for a bill of particulars, motion for new trial, or for reconsideration of either interlocutory or final order, motion for extension of time to file pleadings, affidavits or “any other paper,” motion to declare the respondent in default, and demurrer to evidence.

A filing fee of P 2,000 is required for every complaint filed to subsidize the expenses incurred during the disposition of the complaints.

Among the pending complaints filed before the PB is the grave abuse of authority filed by Dumanjug Vice Mayor Efren Guntrano Gica against Mayor Nelson Gamaliel Garcia for allegedly encroaching on the power of the former over the appointment of the municipal council secretary.

The investigating committee of the PB has started looking into the complaint since February last year. —NSA (FREEMAN)