Mayor denies being partial on b’gay chief’s suspension

By Aileen P. Refuerzo

BAGUIO CITY – Mayor Mauricio Domogan last week denied being partial on the case of embattled punong barangay Helen Miranda of Bakakeng Central here saying he was merely following due process in the barangay head’s suspension over cases of grave misconduct and abuse of authority filed against her.

The mayor, during the department heads’ meeting Monday morning, asked the city police not to implement a barangay resolution urging the city police to enforce Miranda’s suspension and urged Dept. of Interior and Local Government City Director Evelyn Trinidad to clarify the intent of the certification she issued last week recognizing Miranda’s next-in-rank, barangay councilor Ariel Amino, as acting barangay captain to dispel misconception that Amino can assume office.

Amina took his oath of office last week and served notice of assumption effective Nov. 21 on the strength of the DILG certification.

But the mayor said the moves were premature because Miranda’s suspension was not yet final as the city council has to first resolve the motion for reconsideration filed by the punong barangay on the body’s earlier decision imposing the six-month suspension .

“I am not favoring anybody here. There’s due process and we have to follow it,” the mayor said stressing that until everything has been resolved, the city would continue to recognize Miranda as barangay captain and that any transaction made by Amino will not be honored by the city government.

However that afternoon, the city council merely noted Miranda’s motion for reconsideration of saying the matter is now beyond the body’s jurisdiction and is now within the ambit of the Office of the President

The body’s move was tantamount to lack of action on the pending motion.

But the mayor said the city council should have made a categorical ruling on the motion. “The motion should have been acted on whether they like it or not,” he said.

Vice Mayor Daniel Farinas said the body’s action was based on the procedures on resolving administrative cases involving barangay officials for highly urbanized cities as spelled out in the Local Government Code.

He said the city council has jurisdiction on original complaint which it resolved by adopting a resolution approving the six-month suspension of Miranda which he said can be considered as “final and executory.”

“However, the respondent filed a motion for reconsideration and as per the procedures, the Office of the President has the jurisdiction on said appeal so the motion was resolved to be noted only since there is no jurisdiction on our part, the matter being moot and academic now,” he explained.

He said that as a consequence, the body has no hand anymore on the case and on whether Miranda’s next-in-rank can take over unless the parties decide to bring to the body again their questions or complaints on the manner of succession.

Domogan agreed that under the Local Government Code, the council’s resolution on the suspension is final and executory but he said the same rule provides that it can be subject to appeal and Miranda has yet to file an appeal and instead filed a motion for reconsideration which technically is not an appeal.

The mayor said Miranda’s motion stayed the implementation of the council resolution and the city council has the authority to decide on it.

He said that after the body denied the motion for reconsideration and Miranda filed an appeal, then the body can resolve the motion for execution pending appeal filed by the other barangay officials but which the mayor described as premature without Miranda’s appeal.

Miranda was charged of grave misconduct and abuse of authority in Barangay Administrative Case No. 11-2010 filed by Alicia Pacsi-Dizon, Alfredo Buado et. al.