Binmaley VM takes fight to Ombudsman
BINMALEY—The vice mayor here, Pedro “Pete” Merrera III, has filed a case against 8 of the town’s councilors before the Office of the Ombudsman for usurpation of official function.
The two warring groups have previously filed counter cases against each other before the provincial council, which are still pending.
The issue involves the alleged illegal conduct of a Sangguniang Bayan (SB) session by the 8 councilors after a special session was adjourned on August 18 for the passage of a resolution on a bank loan that the municipality wants to avail to fund some projects.
Sued under case number OMB-L-C-12-0452 for violation of Article 177 of the Revised Penal Code are Councilors Ellen Alipio, Jose Carrera Jr., Urbano delos Angeles III, Jocelyn Bautista, Franco Francisco, Vismark Valerio, Jesus Aquino and Hermielyn Cerezo.
The respondents have been ordered by Director Adoracion Agbada of the Office of the Deputy Ombudsman for Luzon to file their counter affidavit.
Merrera is alleging that the special session held at 6:00 p.m. that day, which he presided over, was intended to deliberate on a resolution certifying the submission of the requirements of another ordinance relative to the P55-million bank loan.
Merrera, who chairs the SB, adjourned the special session without the resolution being passed as he asserted that the supposed bank requirements have not been complied.
Right after the adjournment, the councilors proceeded with another special session and went on to approve the resolution.
“For failure of the approval of the resolution by reason of non-compliance with all the requirements for purposes of its subsequent approval, respondent Councilor Ellen Alipio proceeded to the chair of the undersigned and unlawfully/illegally acted as the presiding officer after being nominated by Councilor Urbano delos Angeles III to assume the position of the temporary presiding officer and duly seconded by SBM (Sangguniang Bayan Member) Vismark Valerio, afterwhich, said respondents resumed illegally with the special session after it was properly adjourned by the undersigned complainant as presiding officer and, after a short proceeding of the resumed special session, the respondents-councilors hastily move for the approval of the resolution…,” Merrera said in his complaint.—Eva Visperas
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