Ombudsman suspends Cateel, Davao Oriental mayor for 1 month

Mayor Erlinda Nuñez of Cateel, Davao Oriental has been handed a one-month suspension over her alleged appointment of a barangay councilor not recommended by the local community's council.

The Office of the Ombudsman on Tuesday said the penalty against Nuñez came after investigators found her guilty of simple misconduct.

The Ombudsman alleged that 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.”

In July 2016, Nuñez appointed a certain Joan Grace Cadalzo as barangay kagawad despite a resolution passed by the barangay council recommending Aldrin Castro for the vacant post.

The Ombudsman said Nuñez's appointment of Cadalzo violates Republic Act No. 7160, or the Local Government Code, since vacant barangay posts can only be filled upon the recommendation of the barangay council.

“Respondent’s appointment of Cadalzo violates Section 45 of Republic Act No. 7160 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,” the Ombudsman said.

“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,” it added. — BM, GMA News