Bayambang dads refute Mayor Camacho’s claim
THE six members of the Sangguniang Bayan of Bayambang who are facing an administrative case for grave misconduct and dishonesty with prayer for preventive suspension before the committee on good government and accountability of public officers in the Sangguniang Panlalawigan on the complaint of Mayor Ricardo Camacho branded the complaint filed against them as “baseless in fact and law”…
This was contained in their 12-page answer to Camacho’s complaint which was received by the SP on June 11, 2015 signed by Vice Mayor Mylvin T. Junio, Raul Sabangan, Allan de Vera, Gerardo DC Flores, Joseph Vincent Ramos and Levin N. Uy, all Sanggunian Bayan members of Bayambang.
In their special and affirmative defenses, the respondents said they are not liable for any libelous/perjurious statements when they filed a complaint against Camacho before the Office of the Ombudsman.
The SP members said it is well settled that statements and allegations made in the pleadings or motions in the course of judicial proceedings are privileged and cannot be the basis of a complaint against the one making the allegations, citing the Supreme Court decision in Orfanel v. People (G.R. no. L-26877, December 26, 1969, SCRA 819-820.
In his complaint before the SP, Camacho blamed the respondents for the publication of the allegedly libelous statements in newspapers and radio and television stations.
Moreover, they alleged that the basis of Camacho’s complaint for dishonesty and libel against them is hinged upon the statements made by the latter in their complaint before the Office of the Ombudsman.
They claimed that there was no dishonesty/perjury committed by the respondents when they alleged in their complaint before the Ombudsman that Camacho had no authority to purchase a vehicle.
In his complaint, Camacho charged that the allegation made by respondents that he lacks authority to purchase a vehicle in behalf of the municipality is false and thus perjurious, citing Appropriation Ordinance No. 1, Series of 2012, concluding that he has the authority pursuant to the latter ordinance.
But the respondents countered the mayor when they said Camacho has no other purpose but to mislead and distract the SP committee from the main issue.
They argued that the appropriation made by the SB of Bayambang for the purchase of a motor vehicle “is not the authority given to the local chief executive to make a purchase being contemplated by law.
They averred that Mayor Camacho did not submit the contract of sale for approval and ratification of the SB, which is a requirement for contracts entered into without proper authorization of the SB for it to become effective.
At the same time, they said that Camacho failed to prove compliance with the proper bidding procedure, especially the requirements of posting the Invitation to Bid for seven consecutive days.
They said the mayor also violated the law on nepotism when he appointed Myla Camacho Hermosa Catalan, his niece and a relative of third degree of the mayor. (Leonardo Micua)
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