FORMER head of the Cebu City Department of Public Services (DPS), lawyer John Jigo Dacua, can now heave a sigh of relief after the Office of the Ombudsman dismissed the charges of gross neglect of duty against him.
Inayawan Barangay Captain Kirk Bryan Repollo filed the complaint against Dacua and the late mayor Edgardo Labella Jr. on Jan. 7, 2021 for gross neglect of duty and for violation of the Local Government Code and the Ecological Solid Waste Management Act of 2000.
The Ombudsman also dismiissed the complaint against Labella following his death on Nov. 19, 2021.
Ruling
In a seven-page decision of the Office of Ombudsman penned by graft investigation and prosecution officer III Lucielo Ramirez Jr. and approved by Ombudsman Samuel Martires on May 3, 2023, it was indicated that the garbage disposal problem in Barangay Inayawan was due to several factors which were beyond Dacua's control.
The Ombudsman pointed out that the problem with garbage disposal was mainly due to the closure of the transfer station located in Barangay Inayawan and was made worse due to the implementation of mobility restrictions brought about by the coronavirus pandemic and the barangay's limited number of available dump trucks that would transport the garbage to the landfill in Barangay Binaliw.
"While the records show that there was a garbage disposal problem in Barangay Inayawan, the evidence does not suffice to establish that respondent Dacua is liable for gross neglect of duty," wrote the Ombudsman in its decision.
The Ombudsman also stated that the garbage problem could have been avoided or alleviated had Repollo brought the concern to Dacua "at the earliest opportune time."
The Ombudsman reminded Repollo that he also has shared responsibility to monitor the garbage situation in his village as the barangay captain.
According to previous reports of SunStar Cebu, the expiration of the contract between the City and the private hauler managing the Inayawan transfer station resulted in uncollected garbage, which prompted Repollo to file the case against the two officials.
The contract between the City and the private hauler expired in December 2020.
In the same report, Repollo said barangay officials were not informed prior to the termination of the contract and that there was also no assistance from the City Government after the contract ended.
Dacua, in a statement sent to SunStar Cebu on May 5, said there is no legal or factual basis to charge him and the late mayor with those violations.
He said he only did his job as head of the DPS and provided the available services to the barangays "regardless of political color."
On Friday, Repollo said he had already moved on and no longer pursued the case after Labella died as a sign of respect for the late mayor.
"I just treated it as a thing in the past, and so far I am satisfied with the coordination of the City Government right now," said Repollo.
