Captain, Lupon face raps before Ombuds

CEBU, Philippines - For allegedly refusing to issue a certification to file action, the barangay captain and three members of  the Lupon of Cogon, Pardo, Cebu City are facing charges before the Office of  the Ombudsman-Visayas.

Andres Cuesta of Talisay City, Cebu yesterday filed a complaint for a violation of  Republic Act 3019, otherwise known as Anti-Graft and Corrupt Practices Act, against Harry Eran and members of the Lupon Corsino Boy Bacatan, Jimmy Bohol and Dodong Arnaiz.

Cuesta was assisted by lawyer Celedonio Manubag in the filing.  “The refusal of  the barangay chairman and of  the members of the Pangkat to issue a certification to file action was malicious and immoral, and motivated with utmost bad faith,” Cuesta said, adding such acts caused him “undue damage and injury” which is “clearly contrary to law.”

In January 2014, Cuesta said he filed a complaint for ejectment before the office of the barangay captain in Cogon, Pardo. His complaint was referred to Pangkat ng Tagapagsundo after the mediation before the Lupon chairman failed.

Cuesta said Bohol, Bacatan and Arnaiz set the first confrontation of  his complaint on January 22 but no settlement was reached. This was followed by another meeting on January 29, February 5 and February 12, but no settlement was reached still.

Cuesta alleged that in all the proceedings conducted, there were no minutes taken down. “In all these proceedings conducted, no minutes of the proceedings were caused to be taken despite my repeated demands and when I insisted, the members of  the Pangkat angrily told me not to be dictated in what they would do,” the affidavit read.

Sensing that amicable settlement between the parties has no way to be achieved, Cuesta said he demanded for the issuance of a certification to file action but respondents allegedly refused to issue.

Though he already referred the matter before the Office of the Department of  Interior and Local Government-7 and ordered Eran to issue a certification to file action, still the latter and the members of the Pangkat allegedly refused to issue.

“In view of  the unjustifiable refusal of Eran and the members of the Pangkat to issue me a certification to file action, I referred the matter to the Office of  the DILG and  lawyer Danilo Almendras of that office called Eran advising him to issue my needed certification to file action but just the same, Eran and the members of the Pangkat still insisted on their baseless and unlawful refusal,” he explained.

Moreover, Cuesta said respondents allegedly “attacked” his special power of attorney citing it “faked.”

He, however, said that the Lupon has no right to make any determination or assessment of any documents presented before them as their only concern is to assist the parties in arriving in an amicable settlement. Respondents are set to answer the allegations of the complainant.  (FREEMAN)