Suspended Brgy. Treasurer Appeals to CSC, Claims Sitoy Errs in Suspending Him

A barangay treasurer suspended by Cordova Mayor Adelino Sitoy has filed an appeal before the Civil Service Commission, questioning the power of the mayor to order his suspension.

Barangay Ibabao treasurer Junbert Bentulan said the mayor did not have jurisdiction over an appointed barangay official and gravely abuse his power when he ordered his suspension.

“It is apparent that Mayor Sitoy acted beyond his jurisdiction and gravely abused his discretion when he gave due course to a complaint against an appointive employee of the barangay,” read Junbert Bentulan’s appeal sent to the CSC last week.

Sitoy issued a 60-day preventive suspension dated June 25 against Bentulan, while an investigation on his alleged falsification of public documents charge is being conducted.

“Under the Local Government Code, wala’y jurisdiction over a barangay appointive official ang mayor,”said lawyer Jo
Feliz Marie dela Calzada, legal counsel of Bentulan.

“Ang barangay treasurer is under the local chief executive. Ang local chief executive sa barangay kay ang barangay captain,” dela Calzada added.

Dela Calzada said there was no formal charge or a notice of charge issued prior to Bentulan’s suspension, which is a violation to the Revised Rules on Administrative Cases in the Civil Service (PRACCS).

“Out of capriciousness and partisanship, Mayor Sitoy through the Office of the Mayor of Cordova, Cebu, notwithstanding absence of jurisdiction pursuant to Section 85 in relation to Section 89 and pertinent provisions of Republic Act 7160 and without complying with the requirements of a formal charge and/or notice of charge/s under Section 20 and 21, Rule 5 of RRACCS, took cognizance of the baseless and an unmeritorious complaint against herein appellant and issued the questioned Prevention Suspension Order,” read Bentulan’s appeal.

“The complaint mainly consisted of fabricated and concocted allegations, the purpose of which is clearly to harass and oppress herein appellant, who happens to be an appointee of a Barangay Captain belonging to a different political party than that of Mayor Sitoy,” it further read.

For these reasons, Bentulan, through his legal counsel, asked the commission to declare Sitoy’s suspension order null and void and reinstate him to his post with back wages.

For his part, Bentulan denied the allegation that he forged the signatures of five recipients of the honorarium from the cash prize in 2011’s E-Gwen program, wherein the barangay had won P100,000.

Bentulan said the event happened three years ago and he was only surprised that the mayor had dug it up and even “forcibly” presented these five recipients to testify against him.

He added there were more than 100 who received P500 each from that E-Gwen prize, but only five “showed up” to say that he signed the papers for them.

Bentulan swore that the money went to all the identified recipients.

“Pamulitika ra gyud na’ng iyaha,” Bentulan said.

Bentulan was appointed by Ibabao Barangay capitan Chito Bentazal.

Bentazal was also suspended early this month by Sitoy for alleged grave coercion and abuse of authority.

In last barangay elections, Bentazal defeated Sherie Mae, Sitoy’s niece.

Shortly after Bentazal won, Sitoy has withheld the real property taxes share of the barangay. Bentulan said they have three collectible checks now pending at the municipal treasurer’s office.

The mayor has also not released the official receipts of the barangay, prompting the officials to give barangay clearances for free, according to Bentulan.

“Paralyzed ang transaction sa barangay. Ang basic services nag-suffer pud. I don’t know unsaon pagbayad sa kuryente, telepono ug honorarium sa mga officials ug barangay workers ani,” Bentulan said.