La Castellana Mayor Rhummyla Mangilimutan may file a complaint for dereliction of duty against an erring town councilor before the Negros Occidental Sangguniang Panlalawigan or leave it to the Sangguniang Bayan (SB) to impose disciplinary action.
That was the legal opinion submitted by Provincial Legal Officer Alberto Nellas Jr. to Mangilimutan in response to her query on the proper course of action to take vs. La Castellana Councilor Donato S. Dumaguit for his unauthorized absences from the SB.
Dumaguit has been absent from the La Castellana SB for five regular sessions and one special session, the mayor said.
Nellas, in his legal opinion, said Mangilimutan or any voter or resident of La Castellana may file an action against the erring elective official.
The mayor may file a complaint for dereliction of duty against Dumaguit before the Sangguniang Panlalawigan under Section 60 of the Local Government Code of 1991 that outlines grounds for disciplinary action, Nellas said.
The Local Government Code states that any elective local official may be censured, reprimanded, suspended or removed from office after due notice and hearing for authorized absences from the SB for four consecutive sessions.
Nellas said Mangilimutan also has the option to refer Domaguit’s unjustified absences of more than four consecutive sessions to the Sangguniang Bayan, to impose upon him the proper disciplinary actions pursuant to the Local Government Code of 1991 and the Internal Rules and Procedures of the La Castellana SB.
Dumaguit is also facing complaints for large scale estafa before the Negros Occidental Prosecutor’s Office for his alleged involvement in a police recruitment scam.*