Lupon sues mother and son for walking out of hearing

CEBU, Philippines - The Lupong Tagapamayapa of Barangay Linao, Talisay City filed a civil case against a mother and son for walking out during the conciliation proceedings at the Linao Barangay Hall despite lawful orders to come back.

Lupon Chairman Ofelia Ylanan and Lupon members Elena Bernados, Tomas Embuscado, Vicente Gidayawan, Cornelio Pardillo and Lilia Ybañez, filed a verified petition for indirect contempt against defendants Florencia Balingit and Alexander Gabi, residents of Barangay Linao, Talisay City.

The petitioners said they filed a complaint before the barangay officials seeking to call the attention of the defendants to explain why they prevented the unloading of construction materials on the private lot owned by the heirs of Gil Maribago.

They also questioned why the defendants fenced the subject lot despite a notice from Talisay Mayor Socrates Fernandez not to fence the area as it was intended for a government project.

It was on July 26, 2011 at around 8:00 a.m. when Mayor Fernandez caused the implementation of a joint City-Barangay Project by sending a truck loaded with sand, cement, plywood and other construction materials.

However, the project’s implementation was prevented by Gabi, who fenced the subject lot claiming it was the order of his mother, Balingit.

Petitioners then asked for documents authorizing the defendants to fence the subject lot but they did not produce any documents. On July 26 at 10:00 a.m. the barangay then summoned the defendants to appear at the barangay hall for a hearing on July 27 over the obstruction of the implementation of the joint Barangay-City Project.

On the scheduled hearing for the arbitration and conciliation proceedings, Lupon Chairman Ylanan asked the defendants to explain why they fenced the lot despite the notice from Mayor Fernandez.

But Gabi, in a “loud and angry voice” challenged the Lupong Tagapamayapa to sue him in court. He then left with his mother without asking permission to leave.

The Lupong Tagapamayapa asked the defendants to come back and take a seat but they still walked out. However, minutes after, the defendants came back and the proceedings resumed.

When the attorney-in-fact of the heirs of Gil Maribago, Jocelyn Apurado arrived, the members of the Lupong Tagapamayapa invited the defendants to sit but they refused to continue with the proceedings and walked out the second time.

“The Lupon Chairman and members of the Lupong Tagapamayapa tried to convince them to sit back and to continue the arbitration and conciliation proceedings, but their efforts proved futile, defendants willfully and intentionally left the Barangay Hall despite lawful orders from the Lupon Chairman,” petition reads.

Because of the attitude showed by the defendants, the petitioners then asked the court to declare them guilty of indirect contempt. — (FREEMAN)