Ex-town officials face criminal raps

Fomer Dumanjug mayor Nelson Garcia, 6 other officials charged for usurpation of authority

SEVEN former officials of Dumanjug, Cebu, will face trial before the Sandiganbayan for allegedly usurping the authority of another official in 2013.

Kristine Suzanne Fineza, graft investigation and prosecution officer, found evidence to charge former Dumanjug mayor Nelson Garcia and six other former town officials with violation of Article 177 of the Revised Penal Code (usurpation of authority).

Garcia’s co-accused are former councilors Ricardo Boquecosa, Ricardo Condes, Eliezer Amadora, Miriam Llaño, Antonio Garcia, and Emmylou Cabonilas, the former town council secretary.

“The act of consenting to Cabonilas’ usurpation of au- thority makes respondents also liable for usurpation of authority as principals by indispensable cooperation,” read Fineza’s resolution.

Ombudsman Conchita Carpio-Morales approved the decision of Fineza to dismiss the respondents from the service after they were found liable for grave misconduct.

But since the respondents are no longer in the government service, the anti-graft office canceled their civil service eligibility and barred them from working again in the government.

The case stemmed from the complaint for grave misconduct, grave abuse of authority and dishonesty filed by Dumanjug Mayor Efren Gica and Councilor Joshua Dacumos against Garcia and six other former town officials.

The respondents allegedly usurped the power of Gica, then the town’s vice mayor, after Garcia appointed Cabonilas as the new Sangguniang Bayan (SB) secretary last June 25, 2013. Cabonilas was then the town’s information officer prior to his appointment.

Gica appointed Nerio Aquino to be the SB secretary, but Cabonilas did not step down from her post. Gica said Garcia’s alleged abuses were committed in conspiracy with the respondents.

Gica said they’ve not conducted four consecutive sessions because they were not in quorum after these councilors stopped attending their regular sessions.

The mayor pointed out that these councilors refused to recognize Aquino as the SB secretary and instead recognizes Cabonilas.

Based on the complaint, Cabonilas sent notices to the councilors to hold special sessions on Oct. 11 and another on Nov. 21, 2013 on Garcia’s advice.

Gica said sending notices for a special session is the duty of the vice mayor since he is the presiding officer of SB.

Gica said the five former councilors only attended one regular session in October and one in November since Aquino began serving as the SB secretary and he as presiding officer.

Gica pointed out their actions amounted to grave abuse of authority and oppression.

Replying to the charges, the respondents said Gica illegally appointed Aquino and refused to certify ordinances and resolution prepared by Cabonilas.

In the resolution, Fineza said Cabonilas had no authority to act as the town council’s secretary.

“As SB secretary, she usurped the authority which still belonged to Aquino,” said Fineza.

Had the respondents not recognized Cabonilas as the town council’s secretary, the ombudsman said she would not have able to exercise his functions that is “rightfully belonged” to Aquino.