Margot faces admin, criminal complaints before Ombuds
At least 42 barangay officials in Cebu City yesterday filed administrative and criminal complaints against Councilor Margarita Osmeña before the Office of the Ombudsman and requested that she be preventively suspended.
In the 21-page complaint, the officials alleged that Osmeña committed malicious prosecution, oppression or grave abuse of authority, grave misconduct, and conduct prejudicial to the best interest of service.
The opposition-allied captains also alleged that Osmeña violated Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees; Executive Order No. 292 or the Revised Administrative Code of 1987; and Republic Act No. 9485 or the Anti-Red Tape Act of 2007.
“It is also not remote that respondent’s (Osmeña’s) clout could influence possible witnesses in the present case. Her continued stay in office may, therefore, prejudice the prosecution of the case filed against them. Therefore, respondent’s preventive suspension pending the investigation is warranted and necessary,” reads a portion of the complaint.
The case stemmed from the order of Osmeña, who was the acting mayor on May 17, 2016, asking the barangays to return all city-owned vehicles to the city for the inventory of all the city’s vehicles.
But, barangays were skeptical about returning the vehicles because these were used to “improve and hasten the delivery of basic services” to their constituents.
With this, Osmeña sued the officials for carnapping, malversation of public property, violation of the Anti-Graft and Corrupt Practices Act Section 3-E or “causing undue injury to any party including the government,” and violation of the Code of Conduct and Ethical Standards for Public Officials.
But complaints were dismissed by the Office of the Ombudsman -Visayas as Osmeña failed to specify undue injury, or the actual damages, that the city or any person suffered by virtue of respondents’ failure to return the vehicles.”
Sought for comment on the charges filed against her, Osmeña said she is not threatened.
“I will just answer. I was doing my job. I will just respond when I get a copy,” she told The FREEMAN.
In the complaint, the barangay officials said Osmeña “maliciously filed” the baseless complaints against them, adding that Osmeña had “evident bad faith and malice” in pursuing the case.
The barangay officials also said the complaints filed by Osmeña were made to “vex, embarrass, harass, and humiliate” them.
They said Osmeña should be held responsible for oppression or grave abuse of authority since there is no probable cause to indict the officials of the criminal complaint.
“It is indubitable that herein respondent (Osmeña) is also guilty of grave misconduct due to her deliberate and clear intent to violate the law,” reads a portion of the complaint.
Barangay officials also stated that Osmeña did not answer their letters for clarifying the memorandum ordering the recall of the vehicles, especially if it includes vehicles used for emergencies.
They said Osmeña advanced her personal interest in pursuing the charges against them, who are known allies of the opposition team, even if the filing of charges means wasting government funds, among others.
The 42 barangay officials who sued Osmeña are Ana Tabal of Tagbao, Rosalita Callino of Buot, Manny Pepito of Mabini, Joel Sable, Sr. of Suba, Nerissa Antolihao of Budlaan, Maria Velasquez of Pulangbato, Norman Navarro of Basak San Nicolas, Yvonne Feliciano of Calamba, Joel Garganera of Tinago, Zenaida Colina of Bacayan, Lemar Alcover of Sambag I, Ramil Ayuman of Apas, Reynald Lauron of Cambinocot, among others.
Other officials are Jerson Cadampog of Sibugay, Phillip Zafra of Tisa, Jovito Taborada of Lahug, Ronaldo Labitad of Pamutan, Altea Lim of Pardo, Yolandito Cagang of Basak Pardo, Lutherlee Soon of Inayawan, Raquel Avila of Kamagayan, Gerald Herrera of Lorega San Miguel, Lorana Damalerio of Sapangdaku, Carl Stephen Belarmino of Sambag II, Manuel Gimeno of T. Padilla, Alejandro Borres of Toong, Felicisimo Rupinta of Ermita, Winefredo Macario of Sudlon II, and Eleazar Mabini of Babag.
Rodulfo Tabasa of Labangon, Dante Tabucal of Sudlon I, Jerome Lim of Sta. Cruz, Noli Ann Alcover of Agsungot, Eliodoro Sanchez of Busay, Eduardo Lauron of Carreta, Amelo Lopez of Busay, Rian Tante of Luz, Ramon Ylaya of Sinsin, Alan Masecampo of San Antonio, Orland Herrera of Guba, Rogelio Resurrection of Suba, Trefonio Lequican of Kamputhaw, and Antonio Caruzca of Pahina San Nicolas are also among the complainants.