CEBU, Philippines - Mandaue City Councilor Editha Cabahug and his son Looc barangay councilman Raul Kevin Cabahug will abide with the decision of the court which meted them with a 60-day preventive suspension from holding public office.
The Cabahugs, together with their lawyer Benjamin Cabrido, yesterday said, however, that they will be filing a "motion to quash" in court so that the criminal complaints filed against them will finally be dismissed.
In a press conference, Editha said although the order was dated last January 30, she only received it last Wednesday.
She said she and Kevin welcome the suspension order but they have opted to wait for the suspension order to be handed to them by the Department of Interior and Local Government which was tasked by the court to implement it.
Editha said they will do this as she doesn't want to be charged with "dereliction of duty" as advised by her lawyer.
"Huwaton una ni konsehal ang order gikan sa DILG kay kun mag-una-una siya, mapahamtangan na sad unya siya og laing sanction," Cabrido said.
Cabahug said she believes that the case against her and her son will not prosper because their decision not to release the benefits of Jesus Flores was backed by decisions coming from both the Department of Budget and Management and the Civil Service Commission.
She said the circular from both agencies pointed out that leave credits can only be granted to barangay officials starting 2004, but Flores cannot avail of such benefits because he served the barangay from 1989 to 2002.
During those years, Editha said, leave credits for barangay officials were not granted yet.
"If we gave him the benefits that he was asking for, we might be held liable," Cabahug added.
When sought for reaction, Flores was thankful for the decision of the court.
"Nagpasalamat ko nga miirog na ang hustisya," Flores said.
The case started after Flores filed anti-graft charges against Cabahug and Looc Barangay Council before the Office of the Ombudsman Visayas after they allegedly failed to release his terminal leave amounting to P 148,246.
Judge Raphael Yrastorza issued an order in September 2013 placing the officials under preventive suspension for 60 days.
Cabahug, through Cabrido, then filed a motion for reconsideration in court where they argued that they were not given due process because of an absence of a pre-suspension hearing.
But last January 30, 2015 RTC Branch 28 Judge Mercedita Dadole-Ygnacio denied their appeal and instead ordered DILG-7 to implement the preventive suspension against Cabahug and his son Kevin, as the other respondents of the case are no longer in service. (FREEMAN)