ONE-YEAR SUSPENSION FOR SONNY OSMEÑA

Toledo City Mayor John Henry “Sonny” Osmeña faces a one-year suspension and a criminal indictment for withholding the real property tax share of Barangay Daanlungsod in Toledo City.
CDN FILE PHOTO

The Ombudsman ordered the suspension of Toledo City Mayor John Henry “Sonny” Osmeña for one year for grave abuse of authority over his alleged refusal to release the quarterly real property tax (RPT) shares of Barangay Daanlungsod in Cebu.

In a statement on Tuesday, Ombudsman Conchita Carpio-Morales said Osmeña was ordered suspended for one year for the administrative offense of grave abuse of authority for refusing to release Barangay Daanlungsod’s P17,733,264.80 RPT share for the period covering the last two quarters of 2014 and for the fiscal year of 2015.

Osmeña will also face criminal charges before the Sandiganbayan after the Ombudsman found probable cause to charge him with six counts of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act, Morales said.

The Toledo City mayor, in a radio interview, said he would discuss with his lawyers the possibility of filing an appeal on the Ombudsman resolution.
But he said he has not received a copy of the resolution suspending him for one year.

“Wala ko kahibaw niana. Wala gyud ko’y nadawat nga summons or pahibalo (I have no knowledge about that. I have not received any summons or notices),” Osmeña said.

He was, however, willing to release Barangay Daanlungsod’s share in the RPT, saying, “Ug mao kaha nay ilang desisyon kay i-release nako. Unsaon man na nako wala na nako uy (If that is their decision, I will release it. What will I do with that, it is not with me).”

Boundary dispute

Morales belied Osmeña’s justification in his counter-affidavit that he did not release the RPT shares because of a boundary dispute between Barangays Sangi and Daanlungsod pending before the Court of Appeals.

In his counter-affidavit, Osmeña said “it is his duty to protect government funds and properties.”

“Thus when his attention was called on a pending case regarding ownership of the real properties involved in the boundary dispute between the two barangays, he only thought of protecting the city’s public funds,” according to Osmeña’s counter-affidavit.

But Morales in her resolution said the boundary dispute between the two villages “had long been settled,” citing a 2008 decision by the Sangguniang Panlungsod (SP) that became final and executory in 2011 after the Regional Trial Court denied Barangay Sangi’s appeal.

Morales said that under the Local Government Code, “there is no question that the SP has the jurisdiction to settle or resolve boundary disputes.”

“Respondent’s bad faith becomes evident when, despite the foregoing circumstances, [Osmeña], without basis, withheld the release of the real property tax shares of Barangay Daanlungsod, which caused the latter undue injury,” Morales said in her resolution.

The Local Government Code provides that “the [RPT] share of each barangay shall be released, without need of any further action, directly to the barangay treasurer on a quarterly basis, within five days after the end of each quarter and shall not be subject to any liens or hold back for whatever purpose.”

The Ombudsman directed the Department of Interior and Local Government (DILG) to implement the suspension order against Osmeña.

Barangay Sangi

Cebu Daily News tried to contact the Toledo City mayor for an interview, but he did not answer our calls.

However, in a radio interview, Osmeña said Barangay Sangi filed a case before the Ombudsman that prompted him to withhold the RPT share.

“Naa may kaso sa Ombudsman niana. Naay kaso sa Ombudsman nga gi-file ang barangay nga silingan nila, ang kanang Barangay Sangi. Mao kanang wala ma-release tungod anang butanga. Og i-withdraw sa Sangi ang ilang kaso, wala nay magpugong nako sa pag-release sa kwarta,” he said in an interview over radio dyAB.

(There is already a case before the Ombudsman regarding that. It was filed by the neighboring Barangay Sangi. That is why the money was not released. If Sangi will withdraw the case, then nobody can stop me from releasing the money.)

He also said that the previous administration divided Barangay Sangi to create another barangay.

“Ang barangay Sangi was the (only) mother barangay. Sa panahon ni Mayor Rudy (Aurelio) Espinosa iya kining gibuak ug gitukod ang barangay nga ginganlan Daanlungsod. So karon mikiha ang Sangi ug mao kana nga ang kaso pending gihapon sa korte. Kanang kasoha ako ray nag-inherit ana. Wala koy labot anang kasoha,” he said.

(During the term of Mayor Rudy Espinosa, he divided the barangay and created Barangay Daanlungsod. So Sangi filed a case which is now pending. I just inherited this case. I have no involvement in the case.)

He said he had nothing to do with the dispute.

Osmeña also said hearings had been conducted before the Ombudsman regarding the dispute between the two barangays.

“Nag-hearing na mi’s Ombudsman ana pero wala naman magpadayon ang hearing (We already had hearings before the Ombudsman, but it did not continue),” he said.