Sipalay City mayor Montilla barred from performing duties for 90 days

The mayor of Sipalay City, Negros Occidental has been slapped with a 90-day preventive suspension while a graft case against him continues at the Sandiganbayan.

Mayor Oscar Montilla Jr. was charged with graft over his alleged delay in serving suspension orders issued by the Office of the Ombudsman.

In a three-page resolution promulgated on December 8 last year, the Fourth Division ordered Montilla to cease from performing his duties and from receiving his salary and other benefits after the anti-graft court found the case information against him valid.

"Accused Oscar C. Montilla Jr. is ordered suspended from office (pending litigation) and he is hereby directed to cease and desist from performing and/or exercising the functions and duties, as well as receiving, and/or enjoying the salaries, benefits, and privileges of his present public position or any other present public position he may now or hereafter be holding," the resolution read.

Montilla is facing one count of violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act for repeatedly delaying orders to suspend city government employees Evangeline Seneres, Eva Sabusap, Fernando Balhin, Noel Villanueva and Renato Manilla.

Montilla is accused of giving unwarranted benefits to the five employees by "delaying for years, without legal basis, the implementation of the said suspension despite repeated directives from the Office of the Ombudsman-Visayas, to the detriment of public service.”

He earlier argued that his case was not covered by the law since it does not involve fraud upon the government nor the use of public funds.

The Sandiganbayan, however, said Section 13 of the law makes it compulsory to order Montilla's suspension.

"Section 13 makes suspension of any incumbent public officer mandatory pending his criminal prosecution under a valid information under Republic Act No. 3019 or under Title 7, Book II of the Revised Penal Code for any offense involving fraud upon government or public funds or property whether as a simple or as a complex offense in whatever stage of execution and mode or participation," it said.

The Sandiganbayan directed the Department of Interior and Local Government to implement the suspension order and inform the court in writing on the actions taken against Montilla.

Associate Justice Alex Quiroz penned the resolution, with the concurrence of Associate Justices Reynaldo Cruz and Bayani Jacinto. — BM, GMA News