Vice mayor sues mayor, 6 councilors

EB Magalona Vice Mayor Roberto Acaling

BACOLOD City – The vice mayor of EB Magalona, Negros Occ. filed before the Ombudsman a complaint for violation of the Anti-Graft and Corrupt Practices Act and grave misconduct against the chief executive and six councilors of their town.

In a press conference on Feb 12, 2018, Vice Mayor Robert Acaling said: “It is my call of duty as Vice Mayor and Presiding  Officer of the Sanggunian Bayan of the Municipality of EB Magalona and the dictate of my conscience as a public servant that compelled me of file  the complaint against  the Local Chief Executive of our town Mayor Marvin Malacon and members of the local legislative body before the Office of the Ombudsman for violation of Republic Act 3019 or the Anti-Graft and Corrupt and Practices and Grave Misconduct.”

Acalaing claimed that the charges are due to the alleged unscrupulous use of public funds and abuse of authority committed by Malacon in alleged collaboration with some members of the Sanggunian Bayan.

The six councilors as Joey Pugales, Reylan Gamboa, Isidro Gomez Eric Matulac, Gelita Parcon, and Jovie Madayag.

Acaling claimed that the alleged corrupt acts committed by  Malacon and the six councilors involved the illegal use of public funds or property (Art. 220 of the Revised Penal Code) , malversation of  public funds or property (Art. 217 of the Revised Penal Code) and Violation of the Anti-Graft and Corrupt Practices Act Sec.3 par 5 and 7 or RA 3019.

He alleged that Malacon “whimsically and capriciously utilized funds of the municipality even without authority from the Office of the Sanggunian Bayan and oftentimes would initiate special sessions in collaboration with some members of the local legislative body without informing and involving me as Vice Mayor and Presiding Officer.”

Acaling said he filed the criminal case with the Office of the Ombudsman on October 4, 2017 and was instructed to file an administrative complaint as well.

He told the reporters here that he learned on Feb 2, 2018 that the case was docketed as OMB-V-C-18-0052 for the criminal aspect and OMB-V-A-18-0049 for the administrative aspect.

In his complaint-affidavit filed with the Office of the Ombudsman, Acaling claimed that  Malacon deliberately disbursed the 20 percent development fund for the municipality by implementing projects and programs without the requisite Sangguniang Resolution appropriating funds to finance projects.

He also claimed that projects under the item 20 percent Municipal Development Fund and other allocations were implemented in clandestine and without the knowledge of the Sanggunian Bayan.

Acaling cited the reported release of the P6 million charity fund that was released in cash to the beneficiaries where some of them were reportedly made to sign to have received the amount of P5,000, when in fact they only got P500 to P1,000.

The vice mayor also alleged in his complaint that Malacon reportedly repaired the dike of the pond owned by ERL Development Corporation, a private company, using  public funds of undisclosed amount in the guise that the same is for public use and purpose without requisite Sanggunian Resolution and written consent of the owner and adjacent to it is his (Malacon)own private fishpond.

He pointed out that by appropriating the fund without the requisite Sangguniang Bayan resolution constitutes the crime of Malversation of Public Funds.

Acaling also denied that his filing charges against Malacon are politically-motivated.

When reached for comment, Malacon said he has not received yet a copy of the complaint filed by Acaling with the Office of the Ombudsman.

“If I have it then that is the time that we answer it,” he told the Daily Guardian.

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