GUARDO
The Department of Interior and Local Government in Central Visayas (DILG-7) has moved to implement a three-month suspension against Cebu City Councilor Jerry Guardo ordered by the Office of the Ombudsman–Visayas.
The suspension came as a surprise to Guardo who believed that the Ombudsman order should have been “moot and academic” considering that he was no longer a barangay captain of Sambag 1.
Last December, the Ombudsman found Guardo administratively liable for simple neglect of duty for failing to submit the yearend financial statements of Barangay Sambag 1 to the Commission on Audit (COA) for the years 2011, 2012, and 2013.
The same decision stated that in case the suspension cannot be enforced due to Guardo’s separation from service, the penalty of three-month suspension without pay shall be converted into a fine of three months’ worth of salary which can be deducted from his retirement benefits, accrued leave credits or any receivable amounts from government.
In his order to implement the suspension, DILG-7 director Rene Burdeos instructed Guardo to immediately vacate “whatever position you are currently holding, and consequently cease the performance of the powers and functions appurtenant thereto”.
Burdeos’ order was received by Guardo in his office at City Hall on Friday.
Motion for reconsideration
On Monday, Guardo questioned the DILG implementation order before the Ombudsman and sought reconsideration and clarification.
In his motion, Guardo argued that the three-month suspension could no longer be enforced against him because he was no longer a barangay captain of Sambag 1.
Guardo cited Section 66 of the Local Government Code which states that the penalty of suspension should not exceed the unexpired term of the respondent. Guardo’s term expired last June 30, 2016 after winning a seat in the Cebu City Council last May.
In his motion, Guardo said that while he became barangay captain through the votes of village constituents, his present office as member of the Cebu City Sangguniang Panlungsod was through votes cast by voters at large.
“Public service stands to be prejudiced by the suspension,” read Guardo’s motion which asked the Ombudsman to set aside the implementation of the suspension order and consider it moot because of the expiration of his term.
Guardo suggested that in lieu of the suspension, an alternative penalty of three months’ worth of his salary as barangay captain be imposed instead.
But Burdeos, in a phone interview with Cebu Daily News, explained that for as long as Guardo was not separated from service, the penalty should be imposed.
“It can still be enforced regardless of what is his position because what we are protecting here is a public office. A public office is a public trust,” Burdeos said.
Burdeos added that Guardo could only avail of the alternative penalty of fine if he had been “separated from service” or is out of any public office.
“Naa pa man siya sa service karon. Wala man moingon specifically nga service sa barangay,” said Burdeos.
(He is still in active service. The order does not specifically say service in the barangay.)
Guardo’s suspension, he said, was final and executory.
“Mas maayo nga mo-follow na lang siya para mas sayo mahuman,” Burdeos told CDN.
(He should just follow the order to get it over and done with.)
Despite questions on the implementation of his suspension by DILG, Guardo said that he will comply with it.
The city councilor said that he refrained from signing any official documents or performing official functions although he went to his office at city hall on Monday.
He also did not attend the council’s regular session on Tuesday.
“For now, I will just play safe. I don’t want to be technically cited if I participate in the discussion or voting in the council. My presence may be questioned,” he said.