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Monday, November 24, 2003
Kiamba vice mayor, dads sued for negligence
By Raquel C. Bagnol
DAVAO -- For allegedly expelling a town councilor without due process in April, the vice mayor and eight councilors of Kiamba in Sarangani are to face charges as recommended by the Office of the Ombudsman in Mindanao.
In a 37-page resolution, Graft Investigation Officer Agnes Altea Monfort recommended the filing of charges against Vice Mayor Conrado J. Angeles and Councilors Josephine L. Dalman, Eva E. Villamor, Nicanor A. Ballan, Claro C. Reapor, Eustracio T. Cinco, Owing D. Das, Wilhelmino F. Espa, and April Lou R. Valois.
Charges for usurpation of authority, graft and perjury or falsification were earlier filed by Faustino A. Ancheta, also a councilor of Kiamba and chair of the committee on internal rules of procedure.
After careful evaluation of the evidence presented, the Ombudsman ruled, however, that the respondents are only liable for being grossly negligent in the manner and procedure by which they expelled Ancheta from Municipal Council.
In his complaint, Ancheta claimed he filed an application for a three-month official leave of absence on March 18 with the Office of the Mayor through the Office of the Vice Mayor for a thorough check-up. Ancheta is suffering from diabetes.
To prove his claim, Ancheta submitted a medical certificate stating he was admitted to the Metro Vigan Cooperative Hospital in Bantay, Ilocos Sur on March 19 and was advised to rest for three weeks.
But Angeles disapproved his application and expelled him from the council, resulting in the non-payment of his salaries and other benefits.
Angeles, in his counter-affidavit, denied having usurped the function of the municipal mayor when he disapproved Ancheta's application for leave.
He said during the 74th regular session on March 18 that Ancheta excused himself by saying he was going to General Santos City for his regular medical check-up.
After the session, Angeles said they were allegedly informed that there was a warrant of arrest issued by Judge Gregorio Balanag Jr. of the Municipal Circuit Trial Court in Kiamba against Ancheta who was allegedly accused of a non-bailable murder charge.
Angeles further said they never believed that Ancheta went to General Santos City for a check-up because somebody allegedly saw him board a Philippine Airlines flight for Manila at around 9 a.m. on March 18.
Angeles also said Ancheta incurred more than four consecutive absences from the sessions.
The respondents claimed they adopted the rule based on RA 7160, which allows the expulsion of members who have incurred four absences without justifiable cause, if at least two-thirds of all the councilors vote for this move.
The Ombudsman found that the respondents are only liable for being grossly negligent in the manner and procedure adopted in expelling Ancheta from the council because due process calls that the councilor should have been given the chance to present his side, which was not done in this case.
(November 24, 2003 issue)
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