DAVAO CITY, Philippines — The Office of the Ombudsman ordered the one-month suspension of Cateel, Davao Oriental Mayor Erlinda Nuñez after she was found administratively liable for Simple Misconduct.
Ombudsman investigators found that in July 2016, Nuñez appointed a certain Joan Grace Cadalzoas Kagawad of Barangay Poblacion to replace the 7th kagawad post.
The Barangay Council passed Barangay Resolution No. 016-2016 dated July 20, 2016, recommending Aldrin Castro, to fill the vacant post.
The complaint stated thet “the position of 7th Barangay Kagawad in Barangay Poblacion became vacant after the number one Barangay Kagawad succeeded to the position of the Barangay Captain who was elected as the municipal councilor in the May 2016 elections.”
But Nuñez brush aside the barangay resolution and instead appointed Calzado.
The Ombudsman in its decision dated, 04 January 2018 stated that “respondent’s appointment of Cadalzo violates Section 45 of Republic Act No. 7160 (Local Government Code) which provides that permanent vacancies in the Sanggunian where automatic succession [does not apply] shall be filled by appointment in the following manner: the city or municipal mayor, in the case of the sangguniang barangay, upon recommendation of the sangguniang barangay concerned.”
“It is clear from the above-provision that the Mayor’s power to appoint a Barangay Kagawad is subject to the recommendation of the Sangguniang Barangay. Prior to its recommendation, however, [Nuñez] already appointed Cadalzo as Barangay Kagawad,” added the Decision emphasized.-Jiann A. Padillo/Newsline.ph
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