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[av_heading heading=’Brgy chief questions suspension order ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY MAE SINGUAY
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BACOLOD City – Barangay 16 captain Nelson Ligaya Jr. questioned his 90-day suspension.
The Office of the Ombudsman ordered Ligaya and Barangay Treasurer Rachel Jamandre suspended after finding them guilty of simple misconduct for failing to release a village official’s honoraria.
Carmelo Orbista, officer-in-charge of the local Department of the Interior and Local Government office, said they served Ligaya the suspension order on Wednesday evening.
Ligaya insisted the Ombudsman has yet to act on his motion for reconsideration. He said he will consult his lawyer, Vicente Sabornay.
No. 1 village councilman Windell Billones took over as barangay captain. He took an oath at the office of Mayor Evelio Leonardia on Thursday.
Billones said it was only on Thursday morning when he learned the Interior department already implemented the suspension.
Orbista said they have no control over Ligaya’s motion. “It is the concern of the Ombudsman,” he stressed.
On Oct. 19, 2015, Councilman Franklin Caceres filed a complaint against Ligaya and Jamandre for grave abuse of authority and grave misconduct.
Caceres claimed he was entitled to honoraria worth a total of P7,601.85 from July 2015 to September 2015.
But he was unable to receive the amount in light of a Commission on Audit order deferring the encashment of checks issued by barangays, said Caceres.
Even after the deferment was lifted and despite repeated demands, Caceres said Ligaya and Jamandre refused to release his honoraria, citing his failure to sign certain barangay resolutions.
Caceres said he signed only the resolutions made when he was present, not those who were not clear or have not been explained to him.
According to the respondents, Caceres’ honoraria were deposited back to the bank because of the councilman’s willful refusal to perform his official duties, which is to sign barangay resolutions.
“Complainant’s failure to sign barangay resolutions is not a ground [to withhold] his monthly honorarium,” the Ombudsman order dated June 9, 2016 and signed by Deputy Ombudsman for Visayas Paul Elmer Clemente.
“It is only when a sangguniang barangay member incurred unauthorized absences that his monthly honorarium may be withheld,” part of the order read. “Since complainant was present in all regular sessions in July, August and September of 2015, respondents have no valid reason to withhold complainant’s honorarium.”
In this case, withholding Caceres’ honoraria was “unjustified,” the Ombudsman said.
However, “respondents may only be liable for simple misconduct,” it said. “Absent any aggravating and mitigating circumstances, respondents should be meted the penalty of suspension.”/PN
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