Failing to get certification for eviction case: Brgy. Capt. faces raps for withholding papers

A resident of barangay Cogon-Pardo is set to file a case at the Ombudsman-Visayas this Monday against his barangay captain for allegedly refusing to issue him a certification he needed to evict three occupants living on a lot owned by his grandparents.

Andres Cuesta, a resident of Tabora Street, Cogon-Pardo, alleged that barangay captain Lyndon Fermo, instead of issuing him the certification, got angry and threatened to punch him last Sunday while throwing at him his documents of the eviction case.

Cuesta said he needed the certification affirming that the case between him and the illegal occupants on the property could no longer be resolved at the barangay level, thus, should be elevated to court.

Records showed that Cuesta filed a complaint against Norma Cañete, Neneng Villamor and Nene Mercado for allegedly refusing to vacate the lot owned by Cuesta's grandparents.

Cuesta said the conciliation proceedings of his complaint was scheduled nine times already, between December 11, 2005 and last March 12, but the three occupants allegedly ignored all the invitations for them to appear.

The law provides that no complaint, action or proceeding of a case shall be filed directly in court or any other government office for adjudication unless a confrontation between the parties involved will be held first at the Pangkat ng Tagapagkasundo, a group of three barangay Lupon members.

If he fails to resolve a case at his level, the barangay captain should immediately form the Pangkat to hear and resolve the case within 15 days from the day it was first convened.

The law, however, authorizes the Pangkat to extend the period for another 15 days but not when a case is clearly meritorious or substantive.

Fermo has yet to issue his comment on the matter. - Rene U. Borromeo