BACOLOD City – The Office of the Ombudsman-Visayas suspended for three months three barangay officials of Barangay 7 here for administrative case of simple misconduct.
In an 11-page order signed by Deputy Ombudsman Dante Vargas on July 16, 2024, punong barangay Hercy Sibug, her husband and No. 3 kagawad Bernabe Sibug, and barangay treasurer Edmar Base were ordered suspended without pay as “this Office finds substantial evidence to hold respondents administratively liable for simple misconduct, for signing and issuing a dishonored check supposedly as payment of their personal loan”.
Officer-in-Charge Christian Nagaynay of the Department of Interior and Local Government (DILG)-Bacolod City yesterday said that the Ombudsman order was served by his office on Monday, September 2.
No. 1 kagawad Christian Jake Arenas has been notified and was instructed to take oath and assume as acting punong barangay within the period of suspension, he said.
“Our main concern now is to assist the barangay to ensure that operations continue and delivery of services is taken care of,” Nagaynay added.
The aforementioned decision has resolved the complaint for estafa, usurpation of authority or official function and falsification of commercial document under the Revised Penal Code (RPC), filed on June 27, 2023 by Cresenciano Torres against the said three barangay officials, for their alleged issuance of Land Bank of the Philippines check with check number 897445 under the account name of Barangay 7.
As stated in the Ombudsman decision, the check was dishonored upon presentment for encashment for the reason that there was “no advice on file”.
The complaint also administratively charges respondents with conduct prejudicial to the best interest of the service, grave abuse of authority and grave misconduct, for the same complained act.
As alleged by complainant, sometime in 2019, respondent Bernabe introduced his wife, respondent Hercy, and respondent Base to him (complainant).
They obtained a loan from complainant in the amount of P140,000 to be used as payment of salaries and wages of the barangay council and employees, including the barangay tanods and barangay health workers.
“Respondents undertook to pay the said amount after a month. After the lapse of one month, complainant verbally demanded payment from Bernabe, but the latter asked more time to settle the amount, ” the decision added.
Vargas, meanwhile, said that Hercy, who was the current punong barangay, and who was in attendance when the check was handed to complainant as payment of their supposed personal loan, should also be held administratively liable.
“She should have known that public funds cannot be disbursed to pay personal loans. It is a basic principle that no money shall be paid out of any public treasury of depository except in pursuance of an appropriation law or other specific statutory authority and government funds or property shall be spent or used solely for public purposes,” read part of the Ombudsman order.
It added, consequently, respondents’ act of signing and issuing the check on January 15, 2020, to pay for their personal loan, which was eventually dishonored when presented to the bank for want of “advice”, is a ground for an administrative sanction./PN
