Nueva Vizcaya town vice mayor suspended 5 months over property deal

BAYOMBONG, Nueva Vizcaya–For using a privately owned lot as a motor pool and spending P39,850 for improvement, the vice mayor of Bagabag in Nueva Vizcaya was meted out a five-month suspension by the provincial board.

In an 11-page decision handed down on Monday, provincial board members led by Vice Gov. Eufemia Dacayo found Bagabag Vice Mayor Nestor Sevillena administratively liable for grave abuse of authority due to his action.

Sevillena used the lot after signing an agreement with the owner during his stint as acting Bagabag mayor, according to a complaint of 10 town government workers.

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Nine board members voted in favor of Sevillena’s five-month preventive suspension, while five others voted against it.

The vice mayor, though, has yet to comment on the matter, and there is no confirmation yet whether he will seek a motion for reconsideration, as he has been on sick leave from May 18 to June 23 due to health problems.

First-ranked councilor Francisco Bayatan Sr. has been serving as acting vice mayor due to Sevillena’s absence.

After the contract was signed, Sevillana disbursed P39,850 from government funds for lot improvement and construction materials for the area.

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The complainants cited Section 22 of the Local Government Code of 1991 (Republic Act No. 7160) which requires the vice mayor to seek prior authorization from the town council before entering into a contract as a local government representative.

The complainants were assigned to the motor pool where government vehicles were brought, and equipment was stocked.

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The vice mayor claimed in his reply to the complaint that the lot was allowed to be used free for “public purpose without compensation” and without an initial formal contract.

He claimed that no government funds were spent on construction of a perimeter fence and that the property was refurbished to promote public welfare and the town’s services.

The complaint lacked factual and legal basis to support a charge of grave abuse of authority under Section 60(e) of the Local Government Code, and the imposed preventive suspension was “unwarranted and unsupported” by law and evidence. He also claimed that he has been in the public service for 24 years without any cases.

The provincial board did not give credence to Sevillena’s claims, adding that he “exceeded” his authority for failure to comply with the law and legal requisites for any local government’s contract with private entities.

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The board opined that Sevillena should have been well-versed in government rules and the conduct of public officials, considering his long record of service.

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The board has cited its oversight power over elected town officials to hear and decide administrative complaints and impose penalties for breaches./coa