Department of Interior and Local Government (DILG) hearing officer Isidro Barrios III (standing rightmost) talks with Labangon barangay captain Victor Buendia and his lawyer during a recess in yesterday’s preliminary conference of the case that Buendia file against suspended Cebu City Mayor Michael Rama. (CDN PHOTO/JOSE SANTINO BUNACHITA)
SUSPENDED Cebu City Mayor Michael Rama’s legal counsel wants the Department of Interior and Local Government (DILG) to dismiss outright the administrative case filed by Labangon barangay captain Victor Buendia on the clearing of a center barrier in his barangay.
During the second day of the preliminary conference on the case yesterday, Rama’s lawyers led by City Legal Officer Jerone Castillo and son Mikel Rama argued that barangay Labangon is not legally allowed to file cases.
“We move for the outright dismissal of the case for lack of personality to sue. Under the Local Government Code (LGC), a barangay cannot sue or be sued. It is nonexistent in law, in the Corporation Code and in jurisprudence,” Castillo told DILG hearing officer Isidro Barrios III.
He added that only entities with a separate charter can have the authority to sue or be sued. While Cebu City has its own charter, Castillo said the barangay has none.
It was Mikel who raised the concern after Buendia’s camp said during the first day of the hearing last Tuesday that Buendia is filing the case on behalf of the entire barangay Labangon.
During the first day of hearing, Buendia’s camp questioned the capacity of Castillo to represent Mayor Rama on the case saying that it’s a conflict of interest since the case involves the barangay against the city.
This prompted Rama’s camp to point out that they thought Buendia was filing the case in his personal capacity, to which Buendia’s camp said it was made on behalf of the barangay.
DILG’s Barrios is set to issue an order deciding on the issues of the case today as they continue with the preliminary conference.
Meanwhile, DILG-7 Legal Officer Aiza Fie Nogra was seen talking with lawyers from Buendia’s camp during one of the recesses yesterday.
She suggested to them that they just drop their move questioning Castillo’s capacity so that the investigation won’t be delayed. Rama’s lawyers were outside of the conference room during the recess.
She was also heard telling Buendia himself that “it won’t work in your favor” and that “you’re giving them a reason to delay the proceedings.”
Nogra pointed out that under Section 62 of the LGC, no administrative investigations can be undertaken 90 days prior to a coming election. This means investigation will have to be suspended by February 9 or 10.
But are officials from the DILG, which is the investigating body of the administrative cases filed before the Office of the President, allowed to talk to the plaintiffs and even suggest their next move?
Nogra said she sees no problem with it because she is not the hearing officer.
But Barrios himself was also seen discussing with Buendia’s lawyers during a court recess when Rama’s lawyers left the room.
It wasn’t clear though what they were discussing.