The investigating committee yesterday gave the lawyers of Bacolod Sangguniang Panlungsod Secretary Nilo Alejandrino three days to file their motion to dismiss for lack of jurisdiction the administrative complaint filed against their client by Councilor Caesar Distrito.

Distrito had filed an administrative complaint against Alejandrino for alleged grave misconduct, conduct unbecoming, gross insubordination, unprofessional conduct, and grave abuse of authority before the Office of the Vice Mayor, in relation to a chair-throwing incident at the SP Secretary’s Office last year.

The investigating committee composed of Councilors Dindo Ramos, Homer Bais and Roberto Rojas also gave the lawyers of Distrito three days to file their comment on the motion to dismiss filed by the lawyers of Alejandrino, during the pre-trial conference of the case yesterday at the SP Session Hall.

The lawyers of Alejandrino, Lorenzo Alminaza and Edgar Tuclaud, said it is the mayor who has jurisdiction over the case. They also suggested that the pre-trail conference be reset since they want the motion based on lack of jurisdiction resolved first.

The lawyers of Distrito, Woodrow Guanzon and Ronnie Causapin, said the investigating committee has no authority to rule on the issue of jurisdiction..

They also said that any motion to dismiss as a dilatory tactic should not be entertained by the disciplining authority based on the Uniformed Rules on Administrative Cases Involving Civil Service.

Meanwhile, the lawyers of Alejandriono filed on January 9, 2012 a motion to inhibit against Vice Mayor Jude Thaddeus Sayson as the disciplining authority on the grounds that an administrative case had been filed against him.

In his order dated January 10, Sayson said the motion was premature since there was even no notice from the Office of the Ombudsman informing him that a case has been filed against him.

Ramos ruled to continue with the pre-trial conference yesterday as they were mandated to conduct an investigation. He said the role of his committee is to conduct factual investigation on the real issues.

Distrito said he is confident that the motion to dismiss filed by the lawyers of Alejandrino will be dismissed based on the Uniformed Rules that any dilatory motion should not be allowed.

He also said Section 3 of the Local Government Code states that the appointing authority has the power to appoint and dismiss local officials and employees.*CGS

back to top