ANTIQUE – The Department of Interior and Local Government (DILG) Region 6 has served the six-month suspension without pay order of the Office of the Ombudsman-Visayas (OPV) against Mayor Christopher Piccio of Belison, Antique.
Atty. Junine Wednesday Java, regional legal officer of DILG-6, said they implemented the suspension in August after receiving an order from the DILG central office.
Piccio could not be reached for comment as of this writing.
The suspension was ordered on July 20, 2022. It was penned by Deputy Ombudsman Dante Vargas after finding “substantial evidence that the administrative infraction of simple misconduct and oppression was committed.”
The administrative complaint for alleged simple misconduct and oppression filed by Municipal Accountant Edna B. Escaner against Piccio and Belison Municipal Police Station (MPS) former acting police chief Haidee P. Sobrino in 2019.
Escaner claimed the respondents withheld her personal belongings and deposited the same with the Belison Municipal Police Station, following her reassignment through Office Order No. 046-2019 dated Oct. 7, 2019 issued by Piccio to the Office of the Municipal Treasurer.
“Respondent Piccio is further warned that an infraction of the same nature in the future will be dealt with more severely,” the Ombudsman decision further read.
According to the Ombudsman, “Holding on to the personal files and belongings of complainant has therefore become a wrongful act which is not only contrary to law but also is injurious to the rights of complainant. It is an act of cruelty, domination, or excessive use of authority over the complainant who is a subordinate.”
Meanwhile, the complaint against Sobrino was dismissed for insufficiency of evidence.
“The truth is that since October 1, 2019, to the time that respondent Piccio initiated an administrative case against herein complainant on October 21, 2019, and up to the time of the filing of the instant complaint on January 16, 2020, complainant was deprived of access, custody and is not free to enjoy the items she owned. Worse, respondent Piccio and other LGU employees could not agree as to what are owned by the LGU, which of the items are subject to the case he allegedly filed with this Office, and what are the personal belongings of complainant,” the Ombudsman added.
In a formal charge dated Nov. 8, 2019, respondent Piccio also accused Escaner of dishonesty, gross insubordination and misconduct.
What will happen to the seat of the local chief executive?
Section 46 of the Local Government Code stipulates that Vice Mayor Reynaldo E. Jacaba will be seated as acting mayor while Piccio is suspended.
“Ang acting mayor naton is, of course, the vice mayor as provided for Section 46 of the local government code. He will automatically exercise the functions of the LCE,” explained Java.
Section 46 (Temporary Vacancy in the Office of the Local Chief Executive) of the Local Government Code states: “When the governor, city or municipal Mayor, or Punong Barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking Sangguniang Barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.”
Further, the highest-ranking Sangguniang Bayan (SB) member will be designated by DILG Secretary Benjamin Abalos Jr. as acting vice mayor.
“Supposedly, it should be the Office of the President. But the SILG can appoint the highest-ranking SB member to temporarily exercise the functions of the vice mayor,” Java said.
The No. 1 SB member in the town is Elmer Elio of the Nationalist People’s Coalition Party.
This still leaves one vacant position among the SB members, which, according to Java, will depend on Elio’s political party to designate./PN
