COMELEC green lights suspension of Ozamiz City Chairman

By: Bhal Cabrera

OZAMIZ CITY, Philippines – Punong Barangay Nieva G. Vergara of Barangay Litapan is officially facing a six-month suspension without pay after being found guilty of grave abuse of authority — a sanction the Commission on Elections (Comelec) says can be enforced without waiting for its go-signal.

In a clarification issued by Comelec’s Law Department, the poll body cited Section 17(a) of Resolution No. 11059, which carves out an exemption for administrative sanctions related to violations under the Anti-Graft and Corrupt Practices Act. The provision allows immediate execution of suspension orders during the election period — sidestepping the usual rule requiring Comelec clearance.

The clarification comes after a formal request filed by the Ozamiz City Council on March 12, 2025, seeking clearance to implement Vergara’s suspension amid the election season.

The letter was received by Comelec on April 7, but has since been deemed unnecessary. Vergara’s suspension stems from a March 11 decision issued in SP Administrative Case No. 25-2024 by the city’s Quasi-Judicial Court, finding her guilty of violating both Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials) and Section 3(3) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).

On April 25, the Sangguniang Panlungsod, through Council Secretary Atty. Ronnie Tapayan, attempted to serve the suspension order at Vergara’s office — but she reportedly refused to receive the document. City Hall, however, is unfazed by the refusal. Legal advisers insist that non-acceptance does not delay the effectivity of the order.

Vergara is considered suspended the moment the service attempt was made, regardless of her cooperation. The penalty includes a maximum suspension of six months without pay, along with a recommendation for the filing of appropriate charges and possible dismissal proceedings — setting the stage for further legal repercussions.

As the suspension takes effect, questions now shift from legality to compliance. Observers are watching whether Vergara will voluntarily vacate her post, or if further enforcement action will be needed.

This development is likely to spark further discourse on accountability in local governance, especially in the run-up to the upcoming barangay and Sangguniang Kabataan elections