Cortes V-Mayor Danilo Montero has counted 16 infractions the lady mayor has committed in the discharge of her official function as municipal executive meriting the same number of cases before the Office of the Ombudsman-Visayas. But Mayor Apolinaria Balistoy did not take the Ombudsman threat sitting down. She turned the tables on the vice mayor and the two are locked in a heated tit for tat of charges and counter charges. An auditor from the Provincial Auditor’s Office looking into the Cortes anomaly in fund disbursements was quoted to have expressed alarm about the brazenness of the transactions. Guesting during the top-rated program over Station DYTR Cuentas Claras, V-Mayor Montero dropped the bombshell about the 16 counts of criminal cases the mayor is facing before the Ombudsman. According to the vice mayor, the mayor and his son Councilor John Eckart Balistoy are facing initial probe by the Ombudsman following the filing by Montero’s group of complaints for alleged anomalies. In a phone interview, the vice-mayor bared that in an apparent retaliation, the lady mayor is pushing for his recall by going the rounds of the barangays to solicit signatures for his eventual ouster from office. But he said, he was undaunted.

Montero said that there were at least 16 or 18 counts of alleged anomalies, ranging from unexplained various travels outside the station with her son-councilor, alteration of receipts to catering by Cebu-based provider. Most of these are findings of the Commission on Audit, he said. Asked what prompted him and company to lodge a string of cases against the mayor, Montero said they just want to let the people know what’s the real score in this town in the name of good governance. He said he was grateful that some of the designate-heads of offices have tendered their resignation and cooperated in the investigation that is going on. Just recently, a panel of investigators commissioned by the Ombudsman has conducted an ocular fact-finding mission after summoning the mayor and others. He said that another group of probers are expected in the coming days. A trusted aide of the mayor hinted that what triggered the filing of complaints against the mayor and her son was the mayor’s refusal to allow the vice-mayor and two other kagawads, who are all businessmen, to deal business with the municipal government. He did not elaborate..

It may be recalled that the Cortes SB passed a resolution “putting into official record the fact that some SB members submitted letter-complaints before the Office of the Ombudsman requesting an investigation of possible graft and corrupt practices and possible criminal offenses of the municipal mayor and SB member Junn Eckart Balistoy in the conduct of their official functions.” The resolution was sponsored by Kagawad Celerino T. Jubac, Jr. The political friction ensued when a separate municipal resolution sponsored by Kagawad Lynn Iven P. Lim was approved, rescinding the “authority given to the Municipal Mayor Engr. Apolinaria H. Balistoy, Ph. D. to enter into a Memorandum of Agreement (MOA) with Bohol Water Utilities Inc.” It appeared that both camps did not agree on the rate of water to be extracted by BWUI from Ohan Spring located in barangay Lourdes. The SB wanted higher than just P0.25/cubic m. to be paid by BWUI. But the mayor signed the Memorandum of Agreement without them knowing that it was already a “done deal.” (RVO)

MAYOR FIGHTS BACK

After the complaint that the vice mayor of Cortes HAS filed before the Ombudsman, it’s now the mayor’s turn to return the favor. It was gathered thatMayor Balistoy recently accused Vice Mayor Montero of having violated Section 3 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for using his position as the presiding officer of the Sangguniang Bayan to facilitate a move to revoke an authority earlier given to the mayor to sign an agreement with Bohol Water Utilities, Inc. (BWUI). Balistoy cited Section3 of RA 3019 which provides that among the corrupt and unlawful practices is when an officer persuades, induces or influences “another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter or allowing himself to be persuaded, induced, or influenced to commit such violation or offense”. The mayor accused Montero of having committed this when he convened chosen SB members to a special to facilitate the passage of a resolution revoking the authority given to the mayor through an earlier resolution to enter into a memorandum of agreement with BWUI for the water treatment plant and water extraction from Ohan Spring in barangay Lourdes.

The vice mayor committed another violation in passing the resolution during the special session as the mayor cited in her complaint that Section 3 of the Anti Graft and Corrupt Practices Act which provides that it is unlawful to cause “any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence”. The mayor already signed the MOA with BWUI on February 10, 2011 and in effect, the water company already proceeded with the project “and incurred expenses”. Balistoy said that the sudden, unjustified and highly irregular revocation of the resolution granting her the authority to sign the MOA as orchestrated by Montero and “conniving SB members placed the project in peril”. It also threatened the steady supply of water for consumers, caused damage to BWUI, and exposed the Municipality of Cortes to a possible legal action from BWUI for such prejudicial and unilateral action,” Balistoy added. To prevent Montero from manipulating and tampering the records at the SB, Balistoy also called for the preventive suspension of the vice mayor in the duration of the investigation on the complaint.

The mayor alleged that Montero abused his clout over the other SB members when he convened a special session on July 1, wherein he allegedly intentionally left out SB Members Leo Pabutoy, Junn Eckart Balistoy, Romeo Labor, and Isabelo Somontan. “Excluding these SB members from the special session to facilitate a smooth passage of a resolution revoking the authority granted to the municipal mayor to sign the MOA with BWUI,” Mayor Balistoy said. The mayor signed the MOA with BWUI in February 10 this year based on Resolution 61 approved on July 19 last year authorizing her to enter into a MOA with the BWUI. The provincial government owns 30 percent of BWUI. Learning about the schedule of the special session from radio interviews with the vice mayor, Pabutoy, Junn Eckart Balistoy, and Labor were able to catch up and attend the special session though they were not sent any notice. They warned the vice mayor that the special session was highly irregular when he just chose who among the SB members would be given notice.

They also questioned the haste in conducting the special session on a Friday that it could not wait for Monday or when the SB secretary--who was on official leave at that time—to return, considering that the agenda did not need immediate action. Labor, who is the president of the town’s Liga ng mga Barangay, was also surprised why the vice mayor did not give him any notice but invited the other barangay captains. Still, Montero went on with the special session “causing others to violate their own house rules,” according to Mayor Balistoy. Worse, the mayor learned from the radio interview with the vice mayor that the latter was disappointed that there was no much fun fare in the MOA signing ceremony of the MOA, that there was no photo documentation or full media coverage. The mayor also explained that she indeed arranged meetings between the local officials of Cortes and the representatives of BWUI where there was full discussion on the details of the proposed MOA and that the final draft of the MOA included the counterproposals of Montero and the SB members. Mayor Balistoy never saw the need to first present a copy of the MOA to the SB prior to its actual signing, since the resolution granting her the authority to sign it did not mention nor hinted for it.