Ombuds eyes case vs 2 former barangay execs

CEBU, Philippines - The Office of the Ombudsman-Visayas has recommended the filing of charges before the court against two former barangay officials of Altavista, Poro town.

Graft investigator Maria Corazon Naraja found probable cause to file falsification of public document case against former barangay Captain William Surbano and former barangay secretary Consolacion Oteda.

The finding was approved by Deputy Ombudsman Pelagio Apostol.

A certain Agnilo Fabroa, a resident of Altavista, Poro, Camotes, filed a complaint on the alleged issuance of a certification to file action dated May 29, 2008 signed by Oteda and Surbano.

Fabroa said the respondents issued a certification to file action to Mindacito Pilay, the husband of Nelia Pilay whom he confronted regarding the issue of electrical lines.

He said he told Nelia not to file complaint against him as the electrical lines did not pass through her property.

Despite his explanations, Nelia brought her complaint to the barangay. A conciliation proceeding was conducted between them but did not result in a settlement.

During the conciliation proceeding, Fabroa alleged that Nelia did not give him a chance to refute the allegations. This prompted him to point his fingers to Nelia, telling her to stop talking and gave him a chance to talk, but to no avail. Fabroa, however, denied that he pressed Nelia’s mouth during their confrontation on May 13, 2008.

He said Nelia did not file complaint before the barangay against him over the alleged pressing of her mouth.

Fabroa, likewise, said that there was no conciliation proceeding conducted by Surbano or the Lupon regarding the incident.

In their counter-affidavit, the respondents stated that on May 29, 2008, Mindacito came to the Barangay hall to ask for a certification to file action.

“I proceeded to type out the requested certification copying from a manual the tenor of the body of the said certification. Reflected in the certification is the name of Mindacito Pilay as complainant and Agnelo Fabroa as respondent for Slight Physical Injury and Maltreatment,” Oteda explained.

Surbano said at the time of the incident he was not at the Barangay hall. He said the certificate to file action was only hand-carried by councilman Ceferino Sosmeña to him for his signature.

He said he signed the certification without realizing what the nature of the case as he thought it was the certification in relation to the controversy regarding the electrical wiring.

The respondents said they came to know that they made mistake after they were ordered by the Office of the Ombudsman to answer the case filed against them for the issuance of certification.

Naraja ruled that there is sufficient evidence that respondents made a mistake. —(FREEMAN)