Over demolition of vendor’s stall: Brgy captain suspended

CEBU, Philippines - For demolishing the stall of a vendor with alleged 'threat and intimidation', Cebu City Mayor Tomas Osmeña implemented the six-month suspension of Labangon Barangay Captain Victor Buendia and three other officials.

In a memorandum dated January 20, Osmeña ordered the suspension of Buendia, councilman Ronald Dagatan, chief tanod Celerina De Los Reyes, market administrator Lolita Lumibaw, and other unnamed barangay officials.

"The Office of the Ombudsman (Visayas), in its Decision dated February 19, 2016, in connection with the administrative case docketed as OMB-V-A-15-0138, entitled PEPITO P. PEPITO vs VICTOR BUENDIA, ET AL., has meted upon all of you the penalty of suspension," the memo read.

Buendia and other officials are suspended from service for six months and one day. City Legal Officer Joseph Bernaldez said councilwoman Zenaida Amores will function as the acting barangay captain in Buendia's place.

Buendia, an ally of Osmeña, said he understands that the mayor is only implementing the law.

"We have to obey the rule of law," Buendia said.

The complaint stemmed from the allegation of Pepito that the barangay officials demolished his stall on February 14, 2014 in the company of armed men. Pepito said he was threatened by the armed men who were surrounding his stall at that time.

Buendia and barangay officials argued that the barangay was only implementing the closure order since Pepito's stall had many violations. However, the anti-graft office ruled in Pepito's favor.

"Respondents' acts constitute oppression. For one, complainant's eviction from his stall had no clear and legal basis," Ombudsman's order read.

Buendia said barangay officials will elevate the matter to the Supreme Court as they question the ruling of the Ombudsman.

"Actually, ako ni-respect ko sa decision sa ombudsman. Pero ang ako lang question sa ombudsman, wala ko nag-expect nga nituo sila sa affidavit nga gi-execute sa complainant. Kay everything is fabricated. Imagine? Akong tanod gadala og pistola, priso daw sila. Wala man ko didto. Everything is fabricated. Wala ko kahibaw, wala ko kasabot giunsa pag-decide sa ombudsman nganong in favor sila sa complainant nga wala sila naminaw sa among explanation," he said.

However, the ombudsman said Buendia cannot "escape liability by claiming he was not present during the demolition" since he was the one who ordered the demolition.

The February 19 order was penned by Graft Investigation and Prosecution Officer Vivien Santiago-Lumangtad. Deputy Ombudsman for the Visayas Paul Elmer Clemente signed the order last March 2.

Bernaldez said the order was not implemented right away because of several interruptions like the election ban last year, the elections themselves, and the suspension of certain city officials, among others.

He said the Ombudsman has also sent a communication to Osmeña reminding him of the pending suspension of barangay officials.

In 2015 it was Buendia who caused the suspension of former mayor Michael Rama.

Last December 10, 2015, officials of the Department of Interior and Local Government-7 implemented the preventive suspension of Rama imposed by the Office of the President.

The suspension stemmed from the administrative complaint of Buendia who alleged that Rama abused his authority and committed grave misconduct and oppression when he ordered the demolition of the median structure in the barangay. (FREEMAN)