City seeks Comelec’s approval on barangay execs’ suspension

The city's legal office is asking the Commission on Elections (Comelec) to give it the go signal to implement the suspension of Labangon Barangay Captain Victor Buendia and three other officials of the barangays.

The Ombudsman suspended the four officials for six months for stopping a vendor from selling his goods further in the barangay by demolishing his stall.

The other respondents are councilman Ronald Dagatan, chief tanod Celerina De Los Reyes, and market administrator Lolita Lumibaw.

Rule 4 of Comelec Resolution No. 10030 dated December 22, 2015 states that "no elective provincial, city, municipal or barangay officer can be suspended unless there is prior written approval from the Comelec."

"Since the election period is well underway, the Mayor of the City of Cebu cannot suspend the respondents in the above case without violating the ban on suspension of local elective officials during election period as provided under Section 261 of the Omnibus Election Code and Section 1, Rule IV of Comelec Resolution No. 10030," reads the letter of City Atty. Jerone Castillo to Comelec.

Section 261 (x) of the Omnibus Election Code states that "the provisions of law to the contrary notwithstanding during the election period, any public official who suspends, without prior approval of the Commission, any elective provincial, city, municipal or barangay officer, unless said suspen- sion will be for purposes of applying the Anti-Graft and Corrupt Practices Act in relation to the suspension and removal of elective officials; in which case the provisions of this section shall be inapplicable.

Castillo said Rama received a copy of the Ombudsman last March 15, the same day that Pepito Pepito, the stall owner, asked for Rama's help to enforce the order. The Ombudsman order also directed Rama to implement the suspension.

Pepito alleged that the barangay officials demolished his stall on February 14, 2014 in the presence of armed men.

Buendia, for his part, filed a motion for reconsideration and asked the Ombudsman to dismiss the case. Buendia said he was not present then Pepito's stall was padlocked.

"As to the complaint for robbery, grave threats, grave coercion, and unlawful demolition of private structure, the dismissal is the strongest arguments against its merits," Buendia said.

He said Pepito violated the Contract of Lease, which was why he was removed from the stall. An inventory of his goods was reportedly done but Pepito allegedly refused to sign the report. Last December 10, Rama was preventively suspended for demolishing the median road structure in Barangay Labangon.