Brgy captain suspended
Buendia and barangay officials argued that the barangay was only implementing the closure order since Pepito's stall had many violations. However, the antigraft office ruled in Pepito's favor.
"Respondents' acts constitute oppression. For one, complainant's eviction from his stall had no clear and legal basis," Ombudsman's order read.
Buendia said barangay officials will elevate the matter to the Supreme Court as they question the ruling of the Ombudsman. "Actually, ako ni-respect ko sa decision sa ombudsman. Pero ang ako
lang question sa ombudsman, wala ko nag-expect nga nituo sila sa affidavit nga gi-execute sa complainant. Kay everything is fabricated. Imagine? Akong tanod gadala og pistola, priso daw sila. Wala man ko didto. Everything is fabricated. Wala ko kahibaw, wala ko kasabot giunsa pag-decide sa ombudsman nganong in favor sila sa complainant nga wala sila naminaw sa among explanation," he said.
However, the ombudsman said Buendia cannot "escape liability by claiming he was not present during the demolition" since he was the one who ordered the demolition.
The February 19 order was penned by Graft Investigation and Prosecution Officer Vivien SantiagoLumangtad. Deputy Ombudsman for the Visayas Paul Elmer Clemente signed the order last March 2.
Bernaldez said the order was not implemented right away because of several interruptions like the election ban last year, the elections themselves, and the suspension of certain city officials, among others.
He said the Ombudsman has also sent a communication to Osmeña reminding him of the pending suspension of barangay officials.
In 2015 it was Buendia who caused the suspension of former mayor Michael Rama.
Last December 10, 2015, officials of the Department of Interior and Local Government-7 implemented the preventive suspension of Rama imposed by the Office of the President.
The suspension stemmed from the administrative complaint of Buendia who alleged that Rama abused his authority and committed grave misconduct and oppression when he ordered the demolition of the median structure in the barangay.