DILG can’t void suspension
Acting Mambaling councilwoman Anne Marie Vestil Palomo said that the Department of the Interior and Local Government (DILG) has no right to allow suspended Mambaling barangay captain Gines Abellana to reassume his post.
This, after DILG directed Abellana, who was ordered suspended by the City Council last January on accusations of abuse of authority, to go back to his post as barangay captain.
The DILG order addressed the confusion on who should take the post as Mambaling barangay captain.
During the regular session of the City Council last September 10, it was discussed that Abellana is still suspended despite the presentation of Certification of Timeliness of Appeal.
Palomo said that what the DILG issued was just an opinion.
“The council did not act, implement nor adhere to the opinion of DILG. The SP (City Council) already resolved to put finality on the issue that they already lost jurisdiction of the case pending appeal and will wait for the decision of the Office of the President,” said Palomo.
“The DILG memorandum was only noted and referred to mayor, executive offices and for me to comment on it, the SP does not adhere to the opinion,” she added.
Palomo explained that DILG does not have jurisdiction of the case as it is not pending before their office.
“DILG is not an adjudicatory body per se. Acting without jurisdiction is ultra vires, invalid, null and void,” said Palomo.
The Local Government Code of 1991, Republic Act 7160, Section 68 states “Appeal shall not prevent the decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal in the event he wins such appeal. In the event the appeal results in an exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal.”
Palomo said that since Abellana already submitted himself to the exclusive jurisdiction of the Office of the President, he must get an order from the said office or a higher court in relation to the suspension decided by City Council.
“It is not proper that an opinion from DILG can overturn the decision of the SP, nor can DILG order the SP to implement their opinion,” she said.
Abellana earlier refused to take his suspension order into consideration.
To recall, last January 8, the City Council suspended Abellana for not releasing the honoraria of four barangay councilors from July to December 2018. Abellana was not available for comment yesterday. —