The Ombudsman-Visayas rejected a request by Vice Mayor Edgar Labella that they investigate the administrative cases filed against elective barangay officials in Cebu City.
In a letter addressed to the vice mayor, Paul Elmer Clemente, Deputy Ombudsman for the Visayas, said administrative disciplinary jurisdiction baranggay officials is conferred by law to the City Council or Sangguniang Panlungsod.
“If the Ombudsman took over such cases it can lead to the shirking of the duty imposed by the law on the Sanggunian. Second, bare allegations of partiality and prejudgment will not suffice and cannot be presumed,” he said.
Clemente said public policy encourages state disciplining authorities like the Cebu City Council to fully use their disciplinary authority over officials under their area of responsibility.
Labella, a former graft investigation officer of the Ombudsman-Visayas, addressed his request to then acting Deputy Ombudsman for the Visayas Rodolfo M. Elman in September last year.
Jurisdiction
But Elman was appointed by President Benigno Aquino III as Deputy Ombudsman for Mindanao in March last year.
In his letter response, Clemente said the Ombudsman’s primary jurisdiction under Republic Act No. 6670 which defines the functions and organization of the Office of the Ombudsman covers only cases cognizable by the Sandiganbayan.
But he said the office won’t hesitate in assuming jurisdiction, upon proper referral from the vice mayor’s office, if the City Council inhibited themselves from ruling on a specific administrative disciplinary case.
In his letter, Labella wanted the Ombudsman-Visayas to take over the investigation instead of the City Council since the Ombudsman also has concurrent jurisdiction in the investigation of cases involving officials of local government units (LGUs).
“The Sangguniang Panlungsod (SP) has noted a concern or issue that invariably arises, and that is the perception of bias on the part of the members of the investigating body for or against the respondent/s in the case,” Labella said.
He said the Ombudsman’s investigators are lawyers trained to investigate cases while councilors don’t have such training.
“Even if we have a good reason to avoid any bias, we will abide by the decision of the Ombudsman, we should follow,” Labella said./ Correspondent Nestle L. Semilla