No jurisdiction
Sta. Barbara councilor off the hook on SP admin raps
By Florence F. Hibionada
Charges of grave oral defamation and grave misconduct lodged against the Liga president of Sta. Barbara, Iloilo was dismissed by the Iloilo Sanggunian Panlalawigan (SP).
As such, Ex-officio Member Pelagia Provido is off the hook, in the Iloilo SP at least, for said administrative charges. Docketed as Admin. Case No. 2005-002, the SP convening as quasi-judicial body moved to agree in the contention as argued by Provido through counsel, Honorato "Hans" Sayno.
The woman councilor as Sayno pointed out to the SP body, was never elected as regular member of the Sta. Barbara municipal council. She got her "ex-officio member" spot courtesy of her presidency in the Liga ng mga Barangay.
No jurisdiction, Sayno averred in a Motion to Dismiss filed in his client's defense and "no jurisdiction" indeed, the Iloilo SP agreed minus lawyer-Board Member Domingo Oso who manifested his objection to the SP ruling.
The charges stemmed from an earlier confrontation of Provido with a barangaymate, Eduardo Sutacio. The duo figured in a verbal exchange that earned the woman official the grave oral defamation and grave misconduct raps.
"Verily, only elective Municipal Officials are under the administrative jurisdiction of the Sanggunian Panlalawigan. Since respondent is an elective barangay official, it is the Sanggunian Bayan which has jurisdiction over her," excerpts of respondent-official Motion to Dismiss obtained by The News Today stated.
To note, section 61 of RA 7160 provides that a complaint against any elective official of a municipality shall be filed before the sanggunian panlalawigan whose decision may be appealed to the Office of the President. It also states that a complaint against any elective barangay official shall be filed before the sanggunian panglungsod or sanggunian bayan concerned whose decision shall be final and executory.
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