Lawyer Julius Ceasar Entise, Mandaue Metropolis assessor and one of many 26 public officers and Jos who had been suspended by the Ombudsman, shares their subsequent transfer to battle the suspension. | Mary Rose Sagarino
MANDAUE CITY, Cebu — The 26 public officers and Job Order staff in Mandaue Metropolis are set to file a Movement for Reconsideration relating to the choice of the Workplace of the Ombudsman suspending them for 9 months with out pay.
Lawyer Julius Ceasar Entise, the Mandaue Metropolis Assessor who had been suspended, shared that they supposed to submit their movement this week.
Nonetheless, he clarified that regardless of the enchantment, the suspension was set to be applied instantly.
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On Monday, Feb. 10, Entise raised considerations in regards to the Ombudsman’s determination, arguing that the Housing and City Growth Workplace (HUDO), not the Workplace of the Constructing Official (OBO), ought to be chargeable for demolitions.
“The discover to demolish was addressed to the top of the (OBO). Nangutana pa lang ang Ombudsman giunsa pagkahitabo, nganong naa mi didto? Matubag unta ni namo (If the Ombudsman solely requested us what occurred, why we had been there? Then we may have answered this), Entise mentioned.
“OBO doesn’t have a demolition group of its personal in as far as Mandaue Metropolis is worried, it’s the HUDO that’s approved by a metropolis ordinance,” he additional mentioned.
He additionally voiced considerations for the suspended Job Order staff who had been merely following orders.
The Ombudsman’s ruling acknowledged that the respondents had been discovered “administratively chargeable for conduct prejudicial to one of the best curiosity of service” as they lacked the authority to hold out the demolition.
This determination adopted a criticism filed by Maria Priscilla and Maritoni Melendres, who claimed the officers demolished constructions on their property with no court docket order.
Amongst these suspended had been Lawyer Johnbee Biton, OIC head of the Housing and City Growth Workplace; and Teodorico Montojo II, head of the Janitorial Providers Unit.
Entise maintained that the demolition was authorized and approved by means of a memorandum from the Metropolis Administrator’s Workplace, citing the Division of the Inside and Native Authorities’s Opinion 16, Sequence of 2006, which allows mayors to order demolitions with no court docket order.
He additionally identified that town supplied the mandatory tools, together with bulldozers and welding instruments, and used public funds for the operation, reinforcing the legitimacy of the demolition.
“Why was it if we weren’t approved, ngano’ng wala man mi gikiha (why had been we not sued) for usurpation for the authority of the OBO. We weren’t as a result of it was approved underneath a validly issued memorandum by town administrator’s workplace,” mentioned Entise.
Apart from, the executive suspension, the respondents may additionally face prison fees underneath RA 3019, the Anti-Graft and Corrupt Practices Act.
A decision issued on July 19, 2024, by Graft Investigator Carl Vincent Sasuman discovered possible trigger to indict 27 respondents and 24 unidentified people for violating Part 3(e) of RA 3019. This part penalizes public officers for inflicting undue hurt or granting unwarranted advantages by means of partiality, dangerous religion, or gross negligence.
Nonetheless, the Ombudsman dismissed the cost of arbitrary detention underneath Article 124 of the Revised Penal Code resulting from lack of proof.
Entise mentioned that they’d already filed their Movement for Reconsideration relating to the prison side of the case on Friday, Feb. 7.
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