The Office of the Ombudsman-Visayas denied with finality the motion for reconsideration filed by the City Legal Office, which seeks to block the suspension order for the council members of Barangay Tanza-Timawa in Molo district.
The decision order, signed by Deputy Ombudsman for the Visayas Pelagio Apostol, released yesterday, cited that the "filing of a motion for reconsideration or a petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the Ombudsman decisions, orders or resolution."
The Ombudsman's order cited a Supreme Court decision on the case of Joel Samaniego stating that "an appeal shall not stop the decision from being executory. In case, the penalty is suspension or removal and the respondent wins such appeal, he shall be considered as having been under preventive suspension and shall be paid the salary, and such other emoluments that he did not receive by reason of the suspension or removal."
One month suspension order was issued against all the village officials of the said village who were charged with five counts of falsification of public documents.
The officials were Punong Barangay Antonio Roberto, Kagawads Dioscoro C. Ebide Jr., Vhon C. Hofilena, Danilo G. Janeo, Alken B. Bergantinos, Epifanio C. Gray and Ma. Suzette G. Vargas; SK Chairman Kent J. Gray, secretary Lydia T. Melgar and treasurer Edna F. Macabanti.
The administrative and criminal case against the village officials stemmed from a shooting incident at Brgy. Tanza Timawa last January 2012 which killed Bernard Beraco. The suspect was Brgy. Kagawad Dioscoro Edibe Jr.
The victim's brother, Benito, later found out that Edibe's signatures appeared in the minutes of the barangay council's meetings dated March 6, March 20, April 3, April 17, May 1, May 15 and June 5, last year, and was even included in the payroll from January to May 2011 even he was in jail.*
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