FORMER SANGGUNIAN MAJORITY FIZZLED OUT

THE Office of the Ombudsman dismissed the criminal and administrative complaints filed last year against Dagupan Mayor Belen Fernandez, Vice Mayor Dean Bryan Kua, and six other city officials in connection with the passage of the 2023 annual budget.

The case stems from the approval of the budget by only five minority councilors on September 26, 2023, at a time when three members of the majority bloc that controlled the Sanggunian Panlungsod (SP) were on vacation abroad, while four of their colleagues participated in the session online and later logged out.

The complaints for violation of Section 3 (e) of Republic Act No. 3019 and Article  171 (2) and 4 of the Revised Penal Code, and Dishonesty and Misconduct were filed by then councilors Maria Librada Reyna, Maria Lourdes Fernandez, Alvin Coquia, and Redford Erie-Mejia, who were all members of the SP majority.

Other respondents in the two complaints are Councilors Michael Fernandez, Jeslito Seen, Dennis Canto, then Sangguniang Kabataan President Josua Bugayong, Marcelino Fernandez, Liga ng mga Barangay president and Sanggunian Secretary Ryan Ravanzo.

Records showed that on September 26, 2023, the SP conducted its regular session with Kua as presiding officer, the five other respondents in attendance physically, while four councilors of the majority bloc attended via the Zoom app.

Complainants claimed that during the said session, the respondents allowed the inclusion on second reading of Draft Ordinance  No. 0-835 authorizing the 2023 budget of Dagupan in the amount of P1.3 billion despite their objection, alleging that this was not listed in the calendar of business. They also averred that the respondents ignored their protests, prompting them to log out of the session.

In her counter-affidavit, reelected Mayor Fernandez denied all the charges, stating that as city mayor, she had no involvement with what transpired during the questioned SP session, and merely approved the draft ordinance in good faith based on the documents presented.

Further, she justified the passage of the ordinance by the five minority councilors, pointing out that as early as December 19, 2022, copies of the Proposed Annual Investment Program, along with its Integral Plans, and Proposed 2023 Annual Budget were already forwarded to the SP for legislative actions.

In its 11-page joint resolution, the Office of the Ombudsman explained that it was constrained to dismiss the criminal charge, being grounded on the alleged invalidity of the process by which the subject ordinance was enacted.

In the same vein, it dismissed the charge for violation of Section 3 (e) of RA 3019 and the administrative charges of Misconduct and Dishonesty as these were founded on the same actuations, likewise necessitating a determination on the validity or invalidity of the Appropriation Ordinance, which the Ombudsman cannot entertain.

The joint resolution was signed by Joyful Josette T. Kiamson, graft investigation and prosecution officer; reviewed by Gil Felix A. Hidalgo, director; and concurred by Adoracion A. Abadan, assistant ombudsman. (Leonardo Micua)

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