In Bohol Case Vs Councilman Remanded To Lgu

BOHOL Philippines  – Owing to technicality, the Provincial Board remanded to the local government of Clarin town a case filed by the vice mayor against a barangay councilman in the town.

Vice Mayor Hermogenes Diezon filed a complaint for negligence, dereliction of duty and authorized absence against Councilman Ireneo Mones, councilman of Barangay Cabog, for latter’s unauthorized absences from the barangay council session. Mones reportedly incurred seven consecutive absences.

In his letter-complaint dated May 16, 2012, Diezon recommended for Mones’ termination.

But in his report, Board Member Venzencio Arcamo, chairman of the committee on good government, recommended that the case be remanded to Clarin because it is the town that has jurisdiction over the case.

Arcamo based his recommendation on an opinion of the Provincial Legal Office that says cases involving elective barangay officials fall under the jurisdiction of the local government unit.

The Provincial Legal Office said the Provincial Board “has no jurisdiction to hear and decide on the issue that is, the termination of the services” of Mones. The office based its opinion on the Local Government Code of 1991.

Under the Code, a complaint against any elective official of a province, a highly urbanized city, an independent component city or component city shall be filed before the office of the President.

Meanwhile, a complaint against any elective official of a municipality shall be filed before the Provincial Board whose decision may be appealed before the Office of the President.

A complaint against any elective official of a barangay shall be filed before the city or municipal council concerned whose decision shall be final and executory.

The acts complained of against Mones, Arcamo said, means removal from office based on article 124, letter (a), numbers (3) and (6), Rule XIX of the Implementing Rules and Regulations of the Code. The committee report signed by Arcamo and vice-chairman Brigido Imboy was approved by the Provincial Board