SUSPENDED Mayor John Henry Osmeña of Toledo City, Cebu is facing a graft case before the Sandiganbayan for allegedly refusing to release a village’s tax shares last year.
Six counts for alleged violations of Section 3(e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act were raffled off to the anti-graft court’s Second Division last April 27.
Osmeña’s legal consultant, Inocencio de la Cerna, said the mayor already filed a petition for review with the Court of Appeals.
De la Cerna also said they will file before the Sandiganbayan a motion to hold in abeyance the issuance of the warrant of arrest, pending resolution of the petition for review with the CA. If denied, the mayor will post bail and “engage in full-scale legal Armageddon,” dela Cerna said.
“As a public official, Mayor Osmeña is fully aware of his duty to protect public funds but his actions were interpreted otherwise. He is confident that he shall overcome this temporary obstacle and will continue to serve the people of Toledo City,” said de la Cerna.
Osmeña is expected to return to office in September after serving his one-year suspension, which the Office of the Ombudsman had imposed after finding him guilty of grave abuse of authority.
The case stemmed from Osmena’s “consistent and undue refusal” to release the quarterly real property tax (RPT) shares of Barangay Daanglungsod, Toledo City.
Records from the Ombudsman showed the barangay was supposed to receive a total of P17.7 million as its RPT for two quarters in 2014 to 2015.
Replying to the charge, Osmeña said he did not release the RPT because of an ongoing case between Barangay Sangi and the City of Toledo, which remains pending before the Court of Appeals. The case involved a property dispute on the boundaries of Sangi and Daanglungsod.
Boundary dispute
He said he was merely protecting government funds and properties.
In the resolution dated Aug. 9, 2017, Ombudsman Conchita Carpio-Morales rejected Osmeña’s defense, saying the boundary dispute between the two barangays had long been settled.
Morales said that the decision was already issued by the Toledo City Council last Aug. 1, 2008, which became final and executory in 2011 after the Regional Trial Court denied the appeal of Barangay Sangi.
Under the Local Government Code, “there is no question that the SP (council) has the jurisdiction to settle or resolve the boundary disputes.
“Respondent’s bad faith becomes evident when despite the foregoing circumstances, without basis, (he) withheld the release of the real property tax shares of Barangay Daanglungsod, which caused the latter undue injury,” read Morales’ resolution.