CEBU City Councilor Edgardo Labella yesterday said the City Council has no disciplinary authority over a fellow city councilor who is rumored to be having an affair with a City Hall employee.

He made the statement after talks spread that the city councilor was hit by his wife, also a City Hall employee, with a pail after she saw him in the other woman’s boarding house.

Sun.Star Cebu is withholding the identities of the city councilor and the woman pending the filing of a formal complaint.

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Sun.Star Cebu checked with the barangay where the councilor lives and the barangay where the woman, a member of the Mayor’s Management Team (MMT) is allegedly renting a space, but no information on the incident was recorded there.

While adultery is a private crime that cannot be investigated without a formal complaint, immorality is covered under Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials, and can be investigated by the anti-graft office despite the absence of a complaint.

Local opposition leader Jonathan “Atan” Guardo said that Acting Mayor Michael Rama should identify the official, who he said has besmirched the name of the city and the Bando Osmeña Pundok Kauswagan (BOPK).

Guardo said the official should resign to spare his office and the BOPK from embarrassment.

“Para nako, nagbudhi ka sa pamilya, nagbudhi ka sa imong asawa ug mga anak, sama ra na nga nagbudhi ka sa syudad kay wala ka nakatuman sa imong gipanumpaan (When you betray your family, it’s as though you betray the city as well, because you fail to honor your vows),” Guardo said.

President

Labella said that if the matter will be referred to his committee, as what Acting Mayor Michael Rama was quoted as saying, they could not look into the matter.

Labella heads the city council committee on laws, ordinances, public accountability and good government.

Since the issue involves an elected official of a highly urbanized city, only the Office of the President, and by extension the Office of the Ombudsman, could investigate, he said.

“The city council does not have administrative disciplinary authority when it comes to administrative infractions…. In the event that there is a complainant, we will just refer it to the right agency,” Labella said.

“The city council does not have administrative authority over infractions other than those committed during the session. For example, continuous absences, use of violent or foul language…,” he added.

Probe

An ombudsman investigation on the matter will follow the same procedure on docketed cases based on media reports or unsubscribed letters of complaint and requests for assistance.

An MMT officer whom Sun.Star sought for comment declined to either divulge details or confirm the incident involving his colleague and the councilor.

“An investigation is being conducted right now. So I can’t give you any concrete information regarding the matter,” said MMT accountable officer Loubert Tan, in a text message.

Lawyer Ralph Sevilla, head of the City’s Human Resources Development office, also said they will only look into the matter if a complainant asks them to do so.

“If it’s warranted, yes, we will conduct an investigation, if it’s not just tsismis. Meaning, if there is evidence and a complainant, then we will endorse it to EMCOI. But the investigation will be limited to the employee,” he said.

Sevilla said he has no jurisdiction over the city councilors, saying only the Office of the Ombudsman could investigate them.

The EMCOI (Employee Management Committee on Inquiry), is a committee under the City Attorney’s Office formed to handle complaints against city employees.

Rama has said that he will bring the matter up for discussion during the council caucus on Wednesday.

“I hope Vice Mayor Rama will reveal his name. Everybody knows already. It is spreading like wildfire. It is being talked about. As long as he is in office, the talks will continue,” Guardo said of the city councilor.

“The official should resign. This incident is highly scandalous. By resigning, he will spare the BOPK from the indiscretion,” the opposition figure said. (RHM/With LCR)