The Office of the Ombudsman-Visayas has sufficiently discovered premise to continue with the examination concerning the regulatory and criminal objections recorded by eight Bando Osmeña Pundok Kauswagan (BOPK) councilors against Cebu City Vice Mayor Edgardo Labella.
In a request dated January 4, 2019, Ombudsman requested Labella to record his counter-oath inside 10 days.
"Discovering enough premise to continue with the examination of the case, this Office orders respondent to document his/her counter-affirmation and other contesting proof to the said grievance… ," read piece of the marked by Paul Elmer Clemente, Deputy Ombudsman for the Visayas.
In November 2018, councilors Margarita Osmeña, Sisinio Andales, Alvin Arcilla, Eugenio Gabuya Jr., Mary Ann de los Santos, Jerry Guardo, David Tumulak, and Joy Augustus Young documented two authoritative grievances for Grave Abuse of Authority and infringement of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees against Labella.
The criminal case they documented is Section 3 (e) of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The eight councilors held up the charges after they felt that Labella, as the directing officer, manhandled his power by causing a halt in the board.
"We attempted to contend our situation by betting on the later Javier controlling yet our contentions failed to attract anyone's attention. Directing Officer Labella depended on incorrect legitimate details and utilized the law to go around what is generally a reasonable and unambiguous Supreme Court administering," the protest read.
This was after Labella "slaughtered" the movement of Osmeña for the assignments of chairmanships and enrollments on July 4, 2017 amid the yearly hierarchical session.
Labella and his partnered councilors scrutinized the assurance of straightforward larger part in the city board refering to the decision of the higher court.
They cited the SC administering dated April 24, 2012 in the La Carlota City, Negros Occidental versus Legal counselor Rex Rojo case that in the assurance of straightforward greater part the gathering, the directing officer is incorporated into the casting a ballot.
To review, on June 2, 2017, Partido Barug councilors intentionally cleared their particular posts in the city board to offer path to the BOPK to assume control as the new dominant part.
The camp at that point clarified that they simply found the decisions on July 3, 2017, multi day before the planned yearly authoritative session.
Be that as it may, the BOPK camp refered to the ongoing SC administering on account of Tobias Javier versus Rhodora Cadiao, et al dated August 3, 2016 which was additionally the lawful conclusion of the Department of the Interior and Local Government.
"The Vice Governor, as the Presiding Officer, will be viewed as a piece of the SP for motivations behind finding out if a majority exists. In deciding the number which establishes as the lion's share vote, the Vice Governor is barred. The Vice Governor's entitlement to cast a ballot is simply unexpected and emerges just when there is an attach to break," the SC administering read.
With the ongoing request from the Ombudsman, Labella is denied from recording movement to reject, slow movements, movements for augmentation of time and movements for reexamination, among others.
"Inability to go along as in this coordinated inside the period endorsed by tenets will be considered a waiver of the directly to exhibit the gathering's counter-oath or answer sworn statement and the examination will continue as per existing principles," it included.
Labella said he is going to document his counter-sworn statement, including he simply got the request last Monday.
"I am certain since it is all the more an issue of existing laws and statute; it refutes any risk at all… There's extremely a choice of Supreme Court, if there is elucidations of laws and law it discredits obligation," he said.
Andales said he is content with the ongoing request from the Ombudsman.
"I am glad that Ombudsman sufficiently discovered premise to explore the issue whether there is grave maltreatment of prudence with respect to the managing officer so we can be guided as needs be later on, if a similar will happen once more," he said