ILOILO City – The Sangguniang Panlungsod (SP) threw out the administrative complaint for grave misconduct and gross neglect of duty against Barangay Captain Keith “Dabing” Espinosa of Monica Blumentritt, City Proper.
It was defective, according to Councilor Joshua Alim, chairperson of the SP committee on police and fire, penology, public safety, order and security, dangerous drugs and rehabilitation.
The complaint failed to meet the legal requirements laid down by Regulation Ordinance No. 2017-069 (Rules and Procedures in Administrative Cases Against Elective Barangay Officials), said Alim, a lawyer.
The complaint was filed by five residents of Barangay Monica Blumentritt – Leticia Chavez, Edmar Cortes, Noel Espinosa Jr., Ma. Lexie Losanes and Rhinestone Sucgang. They blamed Espinosa and husband – former barangay councilman Jesus “Jing-jing” Espinosa – for the proliferation of illegal drugs in the village.
The Espinosa couple had denied having anything to do with illegal drugs.
According to Alim, the complaint failed to meet Section 2, Rule 3 of the ordinance – it was not accompanied by affidavits of witnesses or evidences in support of the charge.
Rule 3 stated: “No complaint against any elective official shall be given due process unless the same is in writing under oath. The complaint shall be addressed to the SP and shall be accompanied by the affidavits of witnesses, or evidence in support of the charge. Non-compliance of this shall be sufficient cause for the dismissal of the complaint at the discretion of the SP.”
Alim also said the complaint failed to satisfy paragraphs 2 and 3 of the ordinance’s Section 3 which read: “The complainant shall serve a copy of a complaint upon the Office of the City Mayor and the City Director of the Department of Interior and Local Government. Proof of service of the complaint upon the foregoing parties shall be submitted with the complaint.”
No complaint shall be accepted unless the foregoing requirements are met, the section further stated.
Alim said Section 6 of the ordinance was also clear: no complaint shall be accepted within 90 days immediately prior to any local election.
The complaint was filed on May 4, 2018 and. The synchronized barangay and Sangguniang Kabataan elections were held on May 14.
Alim further said the direct referral of the verified complaint to his committee was “technically fatal”, citing the ordinance’s Section 1, Rule 4 which stated: “Within seven days after the complaint is duly received the Office of the SP Secretary, the SP in its regular session, shall determine if the complaint complies with all the requirements.”
Upon confirmation of such compliance, the SP shall issue a summon requiring the respondent to submit his answer within a period of 15days from receipt.
This, according to Alim, was not observed.
The councilor, however, stressed that the dismissal of the complaint was “without prejudice” to the refilling of the same./PN
