Barangay chief suspended for two years

CEBU, Philippines - For the second time in history, the Sangguniang Ba-yan (SB) of Daanbantayan, Cebu again suspended an opposition barangay captain for two years, long enough to prevent him from coming back if the October 2013 elections will push through.

The Municipal Council, as a committee of the whole, found respondent barangay captain Bernardito Luche, Jr. guilty of four administrative infractions thereby imposing the penalty of suspension from office for a period of six months each for every infraction committed, or equivalent to two years.

This is the second time that the Daanbantayan Municipal Council suspends an opposition barangay captain. Before the 2010 barangay election, the SB also suspended former Bateria barangay captain Arsenio Luciano, also an opposition, for 30 months for five administrative charges against him.

Luche was charged for grave abuse of authority, oppression, serious misconduct and gross dishonesty by two of his councilors and some residents of Barangay Bakhawan.

Complainants alleged that a certain Salud Mondoyo, mother of complainant Concepcion Piedad, for herself and in the latter’s behalf and her spouse, Prociso Piedad, executed a document of sale in Visayan language whereby Mondoyo sold to complainant Rogelio Gallares Sr. six gemelina trees and six mahogany trees.

On the basis of the sale, Gallares cut the said trees in the morning of February 17, 2011 without necessarily getting government permit as certified by the Department of Environment and Natural Resources.

In the afternoon of the said date, Luche allegedly directed barangay tanods to forcibly take and carry away the cut trees from the possession of the complainant Piedad couple.

The complainants also alleged that Luche, without authority, collected from Mondoyo the amount of P125 for permit fee and P30 clearance fee when the barangay ordinance only authorizes the collection of P15.

Luche reportedly had the incident recorded in the blotter claiming that Gallares was caught in the act of cutting trees.

Luche, in his answer, stated that Mondoyo who owns the lot where the cut trees were planted did not complain against him and in fact, she was the one who reported to him about the cutting of trees.

Acting on the report, Luche directed his tanods to verify and to stop the cutting of trees.

Luche denied that he collected money from Mondoyo and the signature of the official receipt was not his but of the barangay treasurer Clarissa Endab.

Lone opposition SB member, lawyer Gilbert Arrabis Jr., in his dissenting opinion believe Luche is not guilty of the charges and even asked his colleagues to dismiss the case.

However, the Committee of the Whole chaired by Councilor Rex Novabos and all the SB members excluding Arrabis voted for the approval of the decision on the basis of “substantial and overwhelming evidence” to impose the administrative penalty against Luche.

An SB Resolution authorizing Mayor Ma. Luisa Loot to implement the decision was passed last March 2, 2012 while the suspension took effect last Tuesday, March 13, 2012.

Luche told The FREEMAN that he still has to file an appeal before the Provincial Board even if the suspension already took effect. —(FREEMAN)