Dasmariñas to sue Lim for usurpation

CEBU, Philippines - Newly installed Poblacion Pardo barangay captain Fermin Dasmariñas yesterday said he will file charges against political rival Danilo Lim for continuing to assume the functions of barangay captain even after the court sheriff installed the former as barangay chief.

Dasmariñas alleged Lim issued barangay certifications to 57 individuals from February 20 to 23, which reportedly validates the filing of 57 counts of usurpation of official function charges against him.

These issuances are reflected in the barangay’s official records, Dasmariñas said, adding that he is filing the charges upon advice of Acting Mayor Michael Rama.

Lim had argued he issued the certifications before the court sheriff implemented the writ of execution on the recount result but Dasmariñas claimed copies of the barangay certifications would prove otherwise.

A recount before the Municipal Trial Court in Cities showed Dasmariñas had won over Lim by 134 votes.

Article 177 of the Revised Penal Code provides that any person could be found guilty of usurpation of authority or official function if he performs any act pertaining to any person in authority without being lawfully entitled to do so.

Persons convicted of usurpation of authority or official function may be sentenced to jail to six months and one day to two years and four months, or two years, four months and one day to four years and two months.

Although Lim finally gave way for Dasmariñas to assume as Poblacion Pardo barangay captain, he is working on his urgent motion for reconsideration on the resolution of the Commission on Elections that denied his appeal on the recount results.

 “Ang husto unta to nga paglingkod na nako pagka kapitan niadtong miaging Huwebes, wala na lang siya mamirma og mga papeles kay dili na man siya maoy kapitan,” Dasmariñas said.

And even if Lim would ask for an apology, Dasmariñas said he would not let the questionable issuances pass just like that.

“Dili g’yud ko makapasaylo kay ako unya makiha kun wala ko’y buhaton ani,” he said. —Rene U. Borromeo/JMO   (THE FREEMAN)