Council says it cannot act on complaints filed with 13th SP
Monday, August 19, 2013
The complaints were filed by their fellow barangay captains before the 12th Sangguniang Panlungsod.
But following the May 13 elections, the 13th Sangguniang Panlungsod assumed office.
This means that complaints filed before the previous City Council can no longer be acted on the by present City Council.
“Let’s put this into proper perspective. These were filed before the 12th Sanggunian and that is over,” said presiding officer Vice Mayor Edgardo Labella.
But the three complaints will also be forwarded to the Office of the Ombudsman for the Visayas, which was the same agency that forwarded the complaints to the Council.
This was settled when lawyer Perla Centino asked the Council about the status of the complaints filed by her clients.
One administrative complaint was filed by former Cogon Pardo barangay captain and City Councilor Eugenio Gabuya Jr. against Councilor Orvilla Bacalso.
On the last session day of the 12th Sangguniang Panlungsod, Bacalso was found guilty of misconduct and dishonesty and the Committee of Three headed by Councilor Sisinio Andales ordered a 15-day suspension.
But the resolution was questioned because Gabuya’s complaint against Bacalso was for usurpation of authority. The resolution was not implemented but merely referred to the committee on laws.
Centino also asked for an update on the complaint filed by Barangay San Nicolas residents May Ann Guillen dela Cruz and Leodelyn Mendez against Sawang Calero Barangay Captain Benjamin Zabate.
The complaint was for Zabate’s alleged indiscriminate firing of a gun in a fiesta celebration in Aug. 9, 2012. Centino is the counsel for the complainants. She asked that the same Committee of Three be tasked to continue the investigation.
Councilor Mary Ann de los Santos noted, though, that Centino was a consultant for former councilor Augustus Pe Jr., which means there could be conflict of interest in her move to represent the complainants while also working for the Cebu City Government.
In a related issue, Sinsin Barangay Councilors Aurelio Laspoña, Eusebia Eslanan and Lorenzo Catalogo filed a joint verified certification of non-forum shopping with the 13th Sanggunian on the complaint they filed against their Barangay Captain Ramon Ylaya Jr. and treasurer Racquel Ibones.
But like the first case, the present Council can no longer act on the complaint since this was filed before the previous Council.
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