DILG Legal Service to recommend show cause order vs Cainta, Rizal mayor
By Chito Chavez
The Legal Service of the Department of Interior and Local Government said Friday that it will recommend to Secretary Eduardo Año the issuance of a show cause order against Cainta, Rizal Mayor Kit Nieto regarding the death of nurse and medical frontliner Ma. Theresa Cruz who passed away in the line of duty last July 22 due to COVID-19.
The DILG Legal Service said it intends to issue a show cause order against “the local chief executive of Cainta, Rizal’’ which will require him to “explain in writing and under oath why no administrative case should be filed against him for the inexcusable delay in the release of hazard pay and special risk allowance to qualified personnel of the LGU including the deceased nurse Theresa Cruz.’’
“After careful scrutiny and investigation, our Legal Service found that all benefits due the deceased were granted by the LGU, however, ‘there is indeed a considerable delay in the release of such benefits to the qualified personnel of the local government unit.’ Our Legal Service found that based on the disbursement vouchers of the LGU, both the Hazard Pay and Special Risk Allowance for the months of March, April, and May 2020 were released to concerned personnel only on 05 August 2020,’’ the DILG said.
“We shall issue the said show cause order against the mayor of Cainta in due course,’’ it added.
Joie Cruz, Theresa's daughter, and her lawyer filed an administrative complaint before the Office of the Ombudsman against Cainta Municipal Hospital chief Dr. Antonio Jayson Sierra for his alleged negligence that led to the death of the elder Cruz.
Ansheline Bacudio, Cruz’s legal counsel. said the family wanted to hold the hospital's management liable and ensure that the hospital is doing its best to protect all medical frontliners.
After learning of the incident, Secretary Eduardo Año immediately directed the creation of a “fact-finding committee’’ to uncover any possible lapses on Cainta officials and the Cainta Municipal Hospital with regards to the death of Theresa.
The DILG said the fact-finding committee “composed of our Rizal Provincial Director and several DILG officials, gave all the officials concerned, including Mayor Kit Nieto, the opportunity to present their side by presenting pertinent documents relative to the complaint.’’
The fact-finding committee particularly investigated if the “municipality of Cainta complied with Administrative Orders 26 and 28 which respectively directed local government units to provide risk allowances and special risk allowances to their local medical frontliners.’’