CEBU CITY, Philippines — The Cebu City Legal Office (CLO) has recommended to the Department of Interior and Local Government (DILG) the filing of charges against Cogon Ramos Barangay Captain Omar Durano and two members of the barangay council over the release of honoraria to a jailed tanod.
In a letter to the DILG Cebu City Field Office, City Legal Officer Rey Gealon said that public admission of Durano coupled with the verified information reflected on public documents, including but not limited to, the time book or daily time record, as well as payroll, gives weight and credence to the complaints of graft and corruption.
Apart from Durano, barangay councilors Vicente Fajardo and Elena Cayetano, have been recommeded for the charging of the same violation since they signed the release of the payroll to the jailed tanod.
Durano admitted that he released the honoraria to the jailed tanod from June 2018 to August 2018 for “humanitarian” reasons, which was to help the struggling family of the former tanod.
The tanod was jailed for attempted murder.
He even said he is willing to personally pay back the honoraria that was released to the tanod.
However, for Gealon, the intention of the punong barangay is irrelevant as public funds were still used for the honorarium of a barangay worker who is no longer eligible for it.
“This is a crime defined and penalized under Article 217 of the Revised Penal Code as amended: Art. 217. Malversion of public funds or property,” said Gealon in the letter.
The honorarium should not have been released since the tanod was no longer serving from months June to August 2018 due to his detention, causing an undue injury to the government and his constituents for the release of the public funds.
The release of the honorarium has caused undue injury to the government and its constituents as the barangay chief used public funds for his personal charity.
“The City Legal Office submitted its report and recommendation to DILG Cebu City Field Office regarding the release of honararium to a detained barangay tanod. The record is replete with evidence to support the administrative cases for dishonesty and grave misconduct under Section 60 of the Local Government Code, as well as violation of Section 3 (e) of RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act,” said Gealon.
Gealon said the DILG will take over the case for adaptation of his recommendation or for further investigation.
Durano in previous statements said the issue is a rehash since this was already reported to Malacañan through the 888 hotline, and he does not know why it has resurfaced since he already answered to the DILG and the Ombudsman.
He has yet to comment on this new recommendation from the CLO. /bmjo