The 14thSangguniang Panlungsod of Tagbilaran dropped the case filed against Poblacion II Barangay Captain Allan Ricardo Real anchored on the dismissal from service of a barangay treasurer.
This time, based it’s on the failure to comply with the formal requisites that the SP drew its decision.
In March, the 13th Sangguniang Panlungsod of Tagbilaran City commented that the complaint filed by the dismissed barangay treasurer against five officials of Poblacion II, including the now re-elected barangay captain and three kagawads, could no longer be acted upon in the light of the prohibition related to the campaign period.
The complaint of oppression, grave misconduct and violation of civil service law was filed by dismissed barangay treasurer Edgardo Uguis.
City Councilor Agustinus Gonzaga said the complaint was referred to the SP Committee of the Whole and it was found that it lacked verification and that it was not notarized.
The complaint was already set aside by the 13thSP through a committee report of the SP Committee on Ethics, Good Government, Public Accountability and Investigations dated March 7, 2018 which states that “no investigation shall be conducted and no preventive suspension shall be imposed against any elective local official” within 90 days immediately prior to any local election.
The committee cited Paragraph c, Section 62 of the Local Government Code, under Chapter 4 which provides the rule on Disciplinary Actions.
In view of this provision of the law, the committee recommended to the Sangguniang Panlungsod that they officially rule not to commence any further action or actions in connection to the investigation of the administrative complaint for oppression, abuse of authority, and for violation of the Civil Service Law against five elected officials of Barangay Poblacion II of Tagbilaran City.
Edgardo Uguis, the third barangay treasurer that Poblacion II had fired for fund mess, filed the complaint against Barangay Captain Allan Ricardo Real and Barangay Council Members Ralph Cabagnot, Roy Navea, Virgilio Balon, and Eleonor Camacho.
The four barangay council members were the ones who signed the barangay resolution calling for the replacement of Uguis in consonance with Real’s loss of trust and confidence on the latter.
Uguis filed the complaint on February 6; and on February 8, the committee officially and formally received for referral, the copy or copies of the documents of the complaint.
It can be remembered that Uguis filed the complaint after he was fired based on a resolution of Sangguniang Barangay of Poblacion II calling for his replacement.
The height of Uguis’ offense was his claim of the loss of P23,000 from the allocation for the barangay’s volleyball tournament that was entrusted to him for safekeeping in the later part of December last year.
That was under the previous Sangguniang Barangay of Poblacion II.
Also, a memorandum had been issued to Uguis for failure to respond to the instructions of the Punong Barangay to submit reports under the New Government Accounting Systesm (NGAS)”; and that he “disregarded constant instruction to deposit the collections daily to the barangay’s bank account”.
In their answer to the complaint, the barangay officials stated that Uguis cannot “feign ignorance as to the possible reasons as to why he was being removed as barangay treasurer for countless memorandums coming from the barangay were sent to him, reminding him of his neglect of duties and carelessness in performing tasks which a responsible barangay treasurer ought to do”.
“In fact, there are even instances wherein the complainant would not accept the said memorandums and would refuse to sign the receipt of the same, in light of such facts; it is the height of inequity to give any weight to the complainant’s claims that he was not informed of such notices”.
It is on this point, that the barangay officials believe that Uguis was not deprived of due process when he was removed from office.