Mauban mayor faces raps over authority ‘abuse’
The charges stem from the alleged illegal suspension of 19 barangay chairmen for six months without providing the mandatory formal hearing.
The charges stem from the alleged illegal suspension of 19 barangay chairmen for six months without providing the mandatory formal hearing.
The municipal mayor and all members of the Sangguniang Bayan (SB) of Mauban, Quezon were charged with Grave Abuse of Authority before the Office of the Ombudsman on Thursday.
The charges stem from the alleged illegal suspension of 19 barangay chairmen for six months without providing the mandatory formal hearing. The officials also face complaints for violating the Anti-Graft and Corrupt Practices Act.
This secondary charge is based on their alleged use of government funds to hire and pay a private lawyer who reportedly drafted both the suspension complaint and the resolution granting it.
Those accused of gravely abusing their authority include Mayor Bautista Erwin Dwight Pastrana, Vice Mayor Alween Sardea, and SB Members Nathaniel Calucin, Abelardo Mandrique, Michael Diasanta, Raquel Almacen, Yolanda Santayana, Juan Lorenzo Pastrana, Edgardo Astoveza, Liza Mandrique, Julieto Espinas and Marlon Luna.
Pastrana and two other local officials face additional graft charges for hiring the private counsel, which allegedly violates recent Commission on Audit circulars and Supreme Court (SC) decisions that restrict government entities from hiring private lawyers for services that should be performed by accountable public officials.
An administrative complaint was also lodged against the private counsel for gross ignorance of the law.
The suspended barangay chairmen argue their rights were violated under Section 65 of the Local Government Code (LGC) and SC rulings, which make a formal hearing mandatory before an elected official can be suspended or removed.
They cited the Joson vs Torres SC case, which held that suspending an elected official deprives the people of the services of the person they elected, underscoring the implicit right to suffrage. The suspended officials claim the action is a politically motivated vendetta, alleging that Mayor Pastrana accused them of supporting his rivals in the previous election.
The complaint that led to the suspension was signed by the mayor’s political allies and cited alleged violations of the Barangay Liga (League) by-laws, such as frequent absences from meetings and unpaid dues.
The suspended group, however, countered that the SB’s disciplinary powers are limited to the grounds listed in Section 60 of the LGC and do not cover Liga rules, which already impose a penalty of a fine for absences.
They further asserted that the LGC and Supreme Court decisions mandate that the Liga ng mga Barangay remains independent and autonomous, prohibiting interference from even the President of the Philippines.
