Talamban captain pleads not guilty to usurpation raps

CEBU, Philippines - The barangay captain of Talamban, Cebu City has entered a plea of “not guilty” on the criminal case for usurpation of authority.

Barangay Captain Dario Arcilla was indicted by the Cebu City Prosecutor’s Office for violation of Article 177 of the Revised Penal Code after he issued cease and desist order against a construction of a residential house.

Arcilla ordered the complainant, Beltran Rizon, to stop his construction of a residential house in Nasipit, Talamban sometime in 2012 because it did not have a barangay clearance.

However, the prosecutor’s office resolved that the accused did not have the authority to issue such an order as it is not among the powers vested in him under the law.

“Based on the evidence at hand, it is the humble opinion of the undersigned investigating prosecutor that respondent can be made liable for usurpation of official functions as defined in the second part of Article 177 of the Revised Penal Code. As a barangay captain he has no authority to issue cease and desist orders, as this is not among the powers and duties vested in him,” read an earlier indictment issued by the prosecutor’s office.

The prosecutor’s office said that Arcilla should have raised the matter before the Office of the Building Official.

The case is scheduled for mediation on January 20, 2015 for possible settlement. (FREEMAN)