THE Office of the Ombudsman suspended Cateel town Mayor Erlinda Nuñez, of Davao Oriental province, for onemonth from her post, after she was found guilty of simple misconduct.
Probers found that the mayor appointed Joan Grace Cadalzo as among the councilors of Barangay Poblacion despite the issuance of the resolution dated July 20, 2016, recommending Aldrin Castro to fill the vacant position.
According to the complaint, the position of the seventh Barangay Kagawad in Poblacion became vacant after the number one barangay councilor became the barangay captain, who was elected as municipal councilor in the May 2016 elections.
In a decision dated January 4, 2018, the official has violated the Republic Act 7160 or The Local Government Code for appointing Cadalzo to the position since someone else was already chosen for the post.
Local Government Code provides that permanent vacancies in the Sanggunian where automatic succession [doesn't] apply shall be filled by appointment in the following manner: city or municipal mayor, in the case of the Sangguniang Barangay, upon recommendation of the Sangguniang barangay concerned.
The decision stated that it is clear from the provision that a mayor's power to appoint a barangay councilor is subject to the recommendation of the Sangguniang Barangay.
But prior to the recommendation, Nuñez has already appointed Cadalzo as barangay councilor.