Triggered by “Gun-pointing incident” last November; Mandaue City Council suspends barangay chief for 30 days

CEBU, Philippines - The Mandaue City Council has approved the six-page recommendation of the Committee on Good Governance and Public Accountability ordering the 60-day suspension of Cubacub Barangay Captain Almario Bihag, after finding him guilty of an administrative charge for misconduct.

Bihag’s suspension will take effect after the city mayor shall have signed the report relative to the decision of the City Council, which was penned by Councilors Nenita Ceniza-Layese and Carmelino del Mar.   

The case stemmed from the complaint filed by Winnie Garcia Sicad of Barangay Cubacub and Rolita M. Balane of Zone Sili, Barangay Paknaan, both  job order employees who helped facilitate the Multi-Sectoral Governance Coalition election last November 26, when Bihag was accused of pointing a gun.

The complaint of Balane and Sicad was docketed as SP Case No. 06-2016 CGG and SP Case No. 07-2016-CGG, respectively. 

"The Committee found respondent guilty of Administrative Charge for misconduct in office, and he must be meted with a penalty of suspension from office for 30-days for each case," the committee report read.

In her complaint, Balane said that during the conduct of the MSGC election last November, Lotes Vega, a barangay employee, approached her and handed over her mobile phone, saying Bihag wanted to talk to her.

"Kap Bihag told me not to continue with the election because it was contrary to our agreement. I tried to explain to him that we conducted the election based on our agreement. Not interested to hear my response, Kap Bihag put down the phone," Balane said.

Later on, Bihag arrived at the gymnasium and allegedly pointed his .45 pistol at Balane's face. The gun-pointing incident was caught on video by Sicad, who also claimed Bihag tried to strangle her after he found out she was recording the incident.

While Bihag apologized to the two women whom he had allegedly pointed a gun during a gathering November last year, he insisted that he was not armed when he arrived at the area. He maintained his earlier claim that it was just a handheld radio.

"The respondent indeed committed an act that we may consider conduct unbecoming of an official of the barangay, no less than the barangay captain himself, who is the leader, and who should be the role model of his community," the committee, however, said.

The committee also took into consideration Bihag’s admission that he angrily approached Balane and threatened Sicad with physical harm.

As to whether or not there was a gun, the committee said “it is beyond the power of this Committee to determine whether it is a gun, as alleged by complainants, or a handheld radio, as alleged by the respondent."

Section 61 of the Local Government Code provides for the filing of an administrative case against an erring elective barangay official before the Sangguniang Panlungsod or the Sangguniang Bayan.

However, the Sangguniang Panlungsod or Sangguniang Bayan cannot order the removal of an erring elective barangay official from office, as the courts are the ones exclusively vested with this power under Section 60 of the Local Government Code. (FREEMAN)