Village chief seeks suspension of Ormoc vice mayor

ORMOC CITY, Leyte, March 22 (PNA) -– The chief of a mountain village has filed a case before the Ombudsman seeking to suspend the vice mayor here. 

Isagani Bañez of Tongonan village, 19.3 kilometers north from downtown, lodged a complaint for dishonesty, gross negligence and dereliction of duty against Vice Mayor Leo Carmelo L. Locsin.

Bañez’s action was in response to the three-month suspension meted on him by the City Council on Jan. 21 through Resolution 2016-04 presided by Locsin. The Council found merit on the complaint of a school principal whom the village chief verbally confronted on Oct. 26, 2014.

Locsin is accused of committing Gross Negligence and Dereliction of Duty for his failure to furnish a copy of Resolution 2016-04 to the respondent within the 15 working period as prescribed by law. He is also held responsible for not taking action on the Urgent Motion for Clarification and Reconsideration Bañez filed on Jan. 26.

Locsin is further accused of committing dishonesty for the use of the words “Carried unanimously” in Resolution 2016-04 even if the august body was split in its decision. Those who voted in favor to suspend Bañez are councilors Rolando Villasencio, Mario Rodriguez, Tomas Serafica, Benjamin Pongos Jr., Vincent Rama and Eusebio Gerardo S. Penserga.

On the other hand, those who voted against the suspension are councilors Ruben R. Capahi, Antonio M. Codilla, Pedro Godiardo P. Ebcas, John Eulalio Nepomuceno O. Aparis II, and Association of Barangay Chairmen president Mariano Y. Corro.

It was only on March 3 that the city council tackled Bañez’s Motion for Reconsideration which was denied for lack of merit. The dismissal was reached through Resolution No. 2016-035 stating that the issues and arguments raised in the motion “are sorely lacking of substantial merit to cause a reversal of this Body’s decision…”

During the discussion, Corro reiterated his position that Bañez be exonerated considering that the Council arrived at its decision based merely on position papers. He cited a Supreme Court (SC) decision stating that position papers will suffice only on administrative cases against appointed officials, not elected officials. 

“There should have been a proper hearing in this particular case so that the respondent can be given the opportunity to cross examine the witnesses presented,” Corro said.

“As pointed out in that (SC) decision, the evils of relying merely on a position paper is that [it is] prepared or [its preparation] is assisted by lawyers and if the lawyers are skillful, then you cannot detect the truthfulness of the supposed witness. That’s why relying on [a] position paper is not really the proper way of arriving at a decision in the case of elected public officials.”

Corro also pointed out that Bañez was absolved of the charge Serious Dishonesty and Grave Misconduct and was charged of violating RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees particularly Section 4 paragraph A.

“Nowhere in [that] law does it provide that any person who does not observe this norm of conduct (be held) liable or (found) guilty. That’s why, to find the respondent guilty of violating this particular law is erroneous because this is not a punishable act,” he went on.

But Pongos, who authored both resolutions, stuck to his decision, saying that Bañez had already appealed their decision to the Office of the President anyway which is why they will leave the final resolution to that office. As was before, the councilors were split on dealing with the Motion for Reconsideration with the same personalities voting on either side. (PNA)
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