In Ronda Ombudsman suspends 4 brgy councilmen

CEBU, Philippines - The Office of the Ombudsman-Visayas has meted four barangay councilmen in Ronda the penalty of three months suspension without pay after they were found guilty of simple misconduct.

Graft investigation and prosecution officer Carmelle Baybay-Suson found Barangay Canduling councilmen Carazon Raboy, Juan Tansingco Jr., Marlinda Belocura, and Macario Planas administratively guilty for refusing to concur with the appointment of Abel Vismanos as barangay treasurer.

 “Respondents’ act of unjustifiably refusing to give concurrence on the appointment of the barangay treasurer, despite no evidence that the latter is not qualified to the position, makes them administratively liable,” reads the decision.  Suson directed the regional director of the Department of the Interior and Local Government-7 to implement the suspension.

On July 23, 2015, barangay captain Vicente Gaquing filed the complaint against the respondents before the anti-graft office because of their vehement refusal to concur Vismanos’ appointment.

 During the regular sessions of the Barangay Council on December 10, 2013, January 21, 2014, January 27, 2014 and March 24, 2014, Gaquing said the respondents repeatedly refused to give their concurrence even if Vismanos was qualified for the position.

Gaquing referred the matter before the Municipal Local Government Operations Officer of Ronda. Respondents still refused to give their concurrence.

 A special session was called on July 6, 2015 to tackle the appointment of Vismanos but respondents still refused, prompting Gaquing to bring the matter before the anti-graft body.

The respondents, in their joint counter-affidavit, claimed that Gaquing illegally terminated the services of the previous barangay treasurer without the concurrence of the barangay council.  They claimed that their refusal is founded on the fact that the position was not vacant.

However, the anti-graft body ruled that the authority to appoint barangay treasurer is vested on the barangay captain. According to the graft investigator, the appointment of the previous treasurer is co-terminus with the appointing authority.

“Notably, the questioned appointment was issued after the 2013 Barangay Elections, hence it was a new appointment for the new tenure of the appointing authority. Thus, respondents cannot insist that they will not give their concurrence since the previous barangay treasurer was illegally terminated and there was no vacancy to speak of,” read the decision.

 Suson added that under the DILG Memorandum Circular, the role of the sangguniang barangay in concurring the appointment issued by the barangay captain is only to ascertain whether the appointee has the qualifications and none of the disqualifications provided by law.  (FREEMAN)