City asks DILG if Abellana’s suspension stays
CEBU, Philippines — The Cebu City Legal Office asked the Department of the Interior and Local Government (DILG)-Cebu City to render its opinion whether or not the suspension of elected Mambaling barangay captain Gines Abellana is still in effect.
CLO decided to elevate this matter to DILG after Abellana wrote a letter to City Attorney Joseph Bernaldez requesting CLO to inform the City Treasurer’s Office that the barangay can purchase official receipt as the Office of the President has sent a communication that his appeal against the suspension is “timely.”
The letter dated June 18 is addressed to Atty. Ian Kenneth Lucero of DILG-Cebu City.
“This is to inform you that the Office of the President sent me a communication that my appeal was filed on time…,” portion of his Abellana’s letter dated June 10 stated.
It has been the contention of CLO that the decision of the City Council over Abellana’s suspension is final and executory.
To recall, last January 8, the City Council suspended Abellana for not releasing the honoraria of four barangay councilors since July to December 2018.
Last June 18, Bernaldez replied to Abellana by informing the latter that they forwarded the matter to DILG-Cebu City in order to avoid “different resolutions.”
He cited Section 61 of the Republic Act 7160 or Local Government Code (LGC) that the decision of the City Council is final and executory.
“A complaint against any elective barangay official shall be field before the sangguniang panlungsod or sangguniang bayan concerned whose decision shall be final and executor,” letter ( C ) of Section 61 read.
Bernaldez also said that under Section 68 of LGC, an appeal will not prevent a decision from becoming a final or executory.
In his letter to DILG-Cebu City officer-in-charge, Atty. Ian Kenneth Lucero, Bernaldez detailed that CLO already issued a legal opinion on February 22 that Section 9 of Administrative Order No. 22 series 2011 does not apply to Abellana.
Lucero said they forwarded the matter to the DILG Legal Service in Central Office.
The FREEMAN tried to get the side of Abellana but he can’t be reached as of press time. (FREEMAN)