Brgy captain sues council member

CEBU, Philippines - The barangay captain of Kamagayan has filed criminal and administrative complaints against one of his council members for allegedly usurping his official functions.

Celestino Avila, assisted by his counsel Wendell Quiban, sued Raquel Avila for usurpation of authority, act penalizing usurpation of public authority, gross misconduct and grave abuse of authority for allegedly signing a certificate on his behalf.

The complaints were filed before the Office of the Ombudsman-Visayas and the Cebu City Prosecutor’s Office.

In his complaint, Avila said on the first week of June 2012, he was surprised when he learned from Rolando Huguete that his office issued a certification in favor of Julius Nacua for the purpose of a surety bond.

The certification stated Nacua was neither charged nor convicted of a crime.

Celestino added he learned that it was Raquel who signed the certification on his behalf and without his knowledge.

 Avila said since he became barangay captain he never authorized anybody to sign any certification or clearance on his behalf.

“I did not designate nor assign nor authorize a barangay councilor or anybody to sign certifications or barangay clearances and more specifically, I did not designate nor assign nor authorize Raquel Avila, barangay councilor to sign or issue the certification,” he said.

One of his witnesses Mary Jane Ambrocio, a Gender and Development worker of Barangay Kamagayan stated he saw Raquel typing a certification in favor of Nacua.

She said she was surprised to see Raquel typing the certification because usually the barangay secretary or the GAD focal worker does this.

Raquel denied she usurped Celestino’s authority when she issued the certification, saying all barangay council members are actually authorized to do it.

“Asa may usurpation of authority ato nga tanang konsehal puwede man mohatag og barangay clearance. Gibutangan man sad nako og ‘for’, wala ko mopirma isip kapitan kundi usa ka konsehal,” she said.

Avila said she had signed several clearances already like what her fellow council members are doing, but this is the first time she was charged for usurpation of authority. 

She claimed Celestino, who is her father-in-law’s brother, is just trying to get back at her after she earlier charged him with oral defamation and falsification of public documents.

She admitted she was partymates with Celestino for the last three barangay elections, but their relationship soured when Celestino’s son did not got elected in 2010 and Celestino allegedly blamed her for it.

Raquel said she charged Celestino for oral defamation last October after he allegedly barged into their house and insulted her. The case is still pending before the Cebu City Prosecutor’s Office.

Last May, she again charged Celestino but for gross malfeasance, neglect of duty, unlawful intimidation, falsification of public documents and violation of the Anti-Graft and Corrupt Practices Act for releasing the minutes of meetings that allegedly never happened.

“The offenses were committed by the parties through falsifying several minutes of barangay session meetings that in truth and in fact, never happened,” read a portion of her complaint filed and received by the Ombudsman last May 4.

She said under the law, a barangay council is required to hold meetings every first and second Monday of every month. However, since January 2012 up to the present only three meetings have been held; last January 9, February 13 and April 11.

“In order to skirt the requirement of two meetings per month, the barangay captain Avila and Secretary Agabon and barangay treasurer Braga considered and created false minutes of all the required meetings that were never convened. They then coerced and intimidated sanggunian members to sign the said minutes in order to give them a semblance of regularity,” she said, also implicating Elsa Agabon and Catherine Braga in the complaint.

Raquel also alleged that she was threatened by Braga.

“When I refused to sign any of the minutes of the approved meetings that never happened. I was told, much to my surprise, that ‘Sige ayaw og pirma kay tangtangon ka sa payroll’.”

She asked Pelagio Apostol, deputy Ombudsman of the Visayas, that the matter be investigated and these officials be “meted with appropriate penalties.”  (FREEMAN)