Dumaguete City Councilor Joe Kenneth Arbas is appealing an Ombudsman order suspending him for nine months without pay for “conduct prejudicial to the best interest of the service”.
The suspension order of Deputy Ombudsman Dante Vargas, dated Aug. 14 last year, was only announced on a social media news site four months later, before Christmas.
The case was filed against Arbas by contractor Michael Daniel on May 30, 2022, not in Arbas’ capacity as councilor nor as a lawyer but as a business contractor.
Daniel alleged that Arbas refused to return his (Daniel’s) heavy equipment despite demand.
Arbas has cried foul over the publication of the Ombudsman’s decision, claiming that it had not yet reached finality, and that because it was still pending, he would not comment on the merits.
However, Arbas was forced to issue a statement in a Facebook post over the holidays to explain his side.
Arbas said he and the Bacolod-based Complainant Daniel were business partners in his construction business. He said he completed a project at NORSU Bais after a subcontractor from Dipolog was unable to do the job.
Arbas said he and Daniel agreed that he (Arbas) would spend for the project, while Daniel would allow the use of his mini backhoe and mini dump truck as counterpart, on top of supervising the project.
Arbas claimed that when the project was about to be finished, he asked for his share of the P700,000 but that Daniel allegedly refused.
Arbas said he got angry with Daniel who did not see him anymore aftewards.
When the project was done, Daniel asked that Arbas return the heavy equipment but Arbas said it was still being used to clear the construction site.
He said Daniel did not come get the heavy equipment afterwards, so they kept the dump truck and the backhoe.
Daniel instead went to the National Bureau of Investigation to ask for help to get his equipment, and wanted Arbas to return them to Dumaguete Mayor Felipe Remollo.
Because of that, Arbas said, he was forced to file a case against Daniel to recover his share of the P700,000, and to recover the initial mobilization cost.
Daniel also filed criminal and administrative charges before the Ombudsman, the Bais City Prosecutor, and the Supreme Court.
Arbas said the Bais City Prosecutor dismissed the criminal case for lack of evidence, and the administrative case for lack of jurisdiction; while the Ombudsman also dismissed the criminal case after the City Prosecutor had ordered the case dismissed.
But the Ombudsman said that the act of Arbas of not returning the heavy equipment was “conduct prejudicial to the best interest of the service”.
Arbas said he has been asked by the Supreme Court to comment on the same criminal and administrative cases. No disbarment case has been filed against him, Arbas reiterated.
He said he would not comment further except to say that he believes he is the victim in this case.
Former City Councilor Michael Bandal, now a legal counsel at the regional office of the Department of Interior & Local Government, personally served the suspension order to Arbas in a local hospital where he was confined. (AP)
