The Office of the Ombudsman has affirmed the filing of graft charges against the reelected mayor of Sibuco, Zamboanga del Norte, and then-members of the Sangguniang Bayan for clipping the powers of the vice mayor in 2010.
In a statement on Tuesday, the Ombudsman found probable cause to indict Mayor Norbideiri Edding, and then-Sanggunian members Norbryan Edding, Malik Tutuan, Nasser Mahamod, Absar Caril, Jaapal Dodong, Abbas Samson, and Misal Hawari.
They were indicted for graft or violation of Section 3(a) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The charges stemmed from the alleged acts of the Sanggunian in authorizing Edding to sign checks and approve disbursement vouchers and payrolls.
In September 2010, Sanggunian member Norbryan Edding, the mayor’s brother, authored a resolution giving the mayor the sole authority to sign checks and approve disbursement vouchers for the municipality.
Under the Local Government Code, the vice mayor also has the authority to sign checks and approve vouchers and payrolls.
”Since the provisions of the Local Government Code plainly speak of the authority of the Vice Mayor to (1) sign all warrants drawn on the municipal treasury for all expenditures appropriated for the operation of the SB, and (2) approve vouchers and payrolls relative to funds over which the Vice Mayor has administrative control, this authority cannot be taken away from the Vice Mayor and be conferred upon the Municipal Mayor by a mere report or resolution of the Sangguniang Bayan,” the Ombudsman said in a nine-page resolution.
According to Section 3(a) of the anti-graft law, a public official or employee is prohibited from persuading, inducing, or influencing another public officer to perform an act which violates rules and regulations duly promulgated by a competent authority, or from doing an offense connected with his official duties, or allow himself to be persuaded, induced, or influenced to commit such violation or offense. CBB/rga