CEBU, Philippines - The Regional Trial Court in Mandaue City has ordered the implementation of the 60-day preventive suspension against a city councilor and a barangay councilman who were charged with graft and corruption.
RTC Branch 28 Judge Mercedita Dadole-Ygnacio has directed the Department of Interior and Local Government to implement the suspension order against Councilor Editha Cabahug and her son, Looc barangay councilman Raul “Kevin.”
The preventive suspension was previously ordered by RTC Judge Raphael Yrastorza in September 2013. However, the order was not implemented after the accused filed a motion for reconsideration.
The Cabahugs claimed that they were not given due process because there was no pre-suspension hearing conducted. But Ygnacio said a pre-suspension hearing was no longer needed because the two accused participated in a hearing last March 30, 2011 and already entered a not-guilty plea.
The court said the officials failed to comment on the motion for suspension filed against them by the Ombudsman prosecutor on September 7, 2011 despite ample time given to them.
“Settled is the rule that a client is bound by the counsel’s acts including mistakes in the realm of procedural technique,” Ygnacio ruled.
The court denied the motion for lack of merit and ruled that the accused should be suspended.
The case stemmed from a complaint filed by former Looc councilman Jesus Jamie Flores in 2006. Flores said Editha, who was then the barangay captain, and her son, Kevin, refused to give his terminal leave amounting to P148,246 despite an order from the Civil Service Commission.
Flores served as barangay councilman of Looc from 1989 to 2002.
Flores brought the case before the Office of the Ombudsman which also ordered the accused to pay. But, the accused again ignored the order, prompting Flores to elevate the case to court.
In fact, the accused were already meted six months suspension by the anti-graft office in 2011 for oppression.
Aside from Editha and Kevin, the other accused are Erlinda Tarona, Liborio Arcana, Jose Lozano Jr., Alejandro Jayme, Raul “Skipper” Cabahug, Alberto Cabahug, and Ma. Lilitha Basconillo.
Editha said she will issue official statement today. — (FREEMAN)