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Monday, September 20, 2004
Ombud dismisses complaint vs mayor
By Jimmy P. Abayon
VALENCIA, Negros Oriental -- The Office of the Ombudsman-Visayas dismissed the criminal and administrative cases filed by a barangay captain against Mayor Rodolfo Gonzales Jr. for lack of merit.
The complainant, Palinpinon Barangay Captain Jesus Salvoro charged Mayor Gonzales before the Ombudsman after the latter placed him on preventive suspension on December 10, 2002.
The mayor suspended Salvoro after all members of the Palinpinon barangay council accused him of alleged refusal to post bonds, act, and sign documents for the release of local funds.
Graft Investigator Cynthia Maturan-Sibi of the Office of the Ombudsman, said Gonzales did not oppress Salvoro when he issued the preventive suspension.
Citing Section 66 of the Local Government Code and the Lacson vs. Roque case, Sibi said a mayor could issue a preventive suspension to prevent an accused official from hampering the course of investigation.
The investigator said Salvoro failed to present evidence of actual damage when the order was served.
The Ombudsman's ruling proved wrong the January 23, 2003 decision of the provincial council when it affirmed Salvoro's appeal that he should not have been preventively suspended.
Salvoro was then facing a complaint for oppression, misconduct, and dereliction of duties before the Valencia Municipal Council filed against him by all members of the Palinpinon council.
(September 19, 2004 issue)
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