Duljo-Fatima councilor faces usurpation case

CEBU, Philippines - A councilor of Barangay Duljo-Fatima is facing a usurpation case before the Office of the Ombudsman-Visayas for issuing a certificate of residency/barangay clearance to a certain Cesario Lorbida.

Graft investigator Amy Rose Soler-Rellin recommended the filing of a case against Michael Cabatino for violating Article 177 of the Revised Penal Code.

“Respondent Cabatino falsely and knowingly represented himself in the subject Certificate of Residency/Barangay Clearance as barangay chairman of Barangay Duljo-Fatima, Cebu City. He knew very well and intelligently that he is not the barangay chairman, but rather a barangay kagawad,” the resolution stated.

The issuance of the certificate of residency/barangay clearance is an executive function.

The case stemmed from a complaint filed by Elmer Abella, the barangay captain.

He alleged that Cabatino and barangay kagawad Cherryl Padilla unlawfully represented and usurped the Office of the Barangay Chairman.

“Respondents without authority, had, on several occasions, been issuing Endorsements and Certificates emanating from the Office of the Barangay Captain,” the complaint reads.

Abella added the two allegedly affixed their signature above the words “Barangay Chairman.”

In their joint-affidavit, respondents denied the allegations saying they were given authority to sign an endorsement letter for burial assistance.

“Pursuant to his authority, cluster/Area Coordinator George Rama, barangay captain of Barangay Basak, San Nicolas issued letters of authority respectively naming respondents Cabatino and Padilla as authorized signatories of the Barangay endorsement for cash and funeral service assistance claims,” the respondents said.

Rama was a partner of the Cebu City Government in implementing the program of assistance for burial services and cash assistance for several barangays including Duljo-Fatima.

Padilla, however, admitted that he issued a certificate of residency/barangay clearance to deceased Cesario Lorbida whose heirs needed burial assistance. The certificate of residency/barangay clearance was a requirement for the burial assistance.

 The respondents added that they signed the endorsement with their names and their position mentioned.

In her resolution, Rellen dismissed the criminal complaint of usurpation of authority against Cabatino and Padilla “insofar as the subject endorsement issued by them” for lack of probable cause.

However, Rellen indicted Cabatino for usurpation insofar as the subject of the issuance of certificate of residency/barangay certificate is concerned.

“Nothing in the evidence suggests, even slightly, that respondent’s authority to sign the endorsements carried with it the authority to issue barangay clearances, much less issue the same in the capacity of barangay chairman,” the resolution reads.

Earlier, Cabatino was found guilty of simple misconduct. He was suspended for three months and one day without pay.  (FREEMAN)