CEBU, Philippines - The Office of the Ombudsman has found “enough reason” to proceed with the criminal and administrative investigation on the complaint filed against nine Cebu City councilors over the P2.8 billion supplemental budget.
Deputy Ombudsman for the Visayas Paul Elmer Clemente, in a November 23, 2015 order, asked the councilors allied with the Bando Osmeña Pundok Kauswagan to file their counter-affidavit and corresponding evidences.
City taxpayers Rolando Zozobrado, Sofio Miral, and Bernardo Tamundo said they were affected when the nine councilors blocked the passage of the P2.8 billion SB-1 which contains seve-ral items for the “general welfare of public since it will solve the pressing problem of the city.”
In their complaint last year, the three said that the BOPK councilors committed malfeasance, dereliction of duty, gross misconduct, grave abuse of authority, violation of oath of office and malversation of public funds.
Named respondents in the complaint are councilors Margarita Osmeña, Sisinio Andales, Alvin Arcilla, Nestor Archival, Ro-berto Cabarrubias, Alvin Dizon, Eugenio Gabuya Jr., Mary Ann delos Santos and Nida Cabrera.
The complaint is on top of the case filed by another taxpayer, Evelyn Montes, last December 2015 also before the anti-graft office.
Montes, for her part, asked the Ombudsman to suspend the councilors preventively as it investigates the allegations over the said budget.
She said the councilors violated the Anti-graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Local Government Code for failing to deliberate on the SB-1 allegedly even without justifiable reason.
Further, lawyer Jose Daluz III, a former city councilor, also filed a civil case for mandamus before the court to compel the council to act on SB-1. He said there was legal mandate for the councilors to act on the budget and not just sit on it in December 2015.
Last year, the BOPK councilors rejected the move of the minority bloc to lift the suspension of the P2.8 billion SB-1, which contains P2.3 billion for the prepayment of the outstanding balance of the South Road Properties loan; P87 million for the garbage tipping fee; P77 million for City Hall employees’ productivity enhancement incentive, among others.
Members of the council suspended the deliberations on SB-1 saying that the identified source of funds of the additional budget came from the sale of lots at the SRP, a transaction that was a subject of a court case at that time.
Even with the dismissal of the complaint filed by Romulo Torres questioning the validity of the SRP sale, the BOPK councilors stood firm on their stand and sat on the budget until the year ended.
Archival, who sits as the presiding officer of the legislative body, asked City Attorney Jerone Castillo to draft the councilors’ counter-affidavit on the case. —/NSA (FREEMAN)