Criminal and administrative complaints were filed on Wednesday, Oct. 11, before the Office of the Ombudsman (OMB) against Panabo City, Davao del Norte Mayor Jose E. Relampagos in the appointment of the city's budget officer as officer-in-charge when he travelled abroad from Sept. 21, to 23, 2023.
The complaints against Relampagos and City Budget Officer Joven M. Sepe were filed personally by Vice Mayor Gregorio U. Dujali at the OMB's offices in Quezon City for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act and grave misconduct.
Neither Relampagos nor Sepe could be contracted for their comments as of posting.
The complaint stated that Relampagos issued last Sept. 19 Memorandum Order No. 674, series of 2023, addressed to Sepe who was assigned as the city's officer-in-charge from Sept. 21 to Sept. 23, 2023.
Dujali said in his complaints that he should have been assigned as officer-in-charge to assume the responsibilities and carry out the functions of the city mayor while Relampagos was away.
"It is crucial to emphasize that the law does not bestow upon the mayor the unilateral authority to designate an alternative officer-in-charge in such situations," he said.
He also said that while Relampagos was away, Sepe issued Memorandum No. 892, series of 2023, which suspended work in all local government unit (LGU) offices on Sept. 22 and approved a Purchase Order for P4,510.
He pointed out that the Sangguniang Panlungsod did not receive any documentation regarding Relampagos' leave of absence, which was supposed to have been approved by the provincial governor.
At the same time, Dujali accused Relampagos of reporting back to work on Sept. 26, which he said was confirmed by the Office of the City Legal.
"Alarmingly, no written declaration from the respondent (Relampagos) confirming his return to office was provided, as mandated by Section 46(b) of the Local Government Code. This significant omission raises serious questions regarding the adherence to proper procedures and the timing of the respondent's resumption of duties, further casting doubt on the legitimacy of his actions," Dujali's complaint also stated.
Thus, Dujali said, Relampagos portrayed a "wanton, deliberate, and capricious disregard for the rule of law" because he did not follow "established legal procedures."
Since Relampagos only appointed Sepe as OIC from Sept. 21 to 23, Dujali said that there was a "leadership hiatus" from Sept. 24 to 25 because Relampagos returned to his office only on Sept. 26.
"This glaring incongruity between the designated period of absence and the actual return date had profound and far-reaching consequences," Dujali said.
Since Relampagos' apointment of Sepe lacked legal basis, the latter acted with manifest partiality when he acted "in favor of the mayor, even in the absence of proper authority."
"Respondent's willingness to carry out actions stemming from an invalid designation, despite the potential harm and confusion it could cause to the local government, certainly demonstrates evident bad faith on the part of the respondent," Dujali also said.