Acting as Captain, Ombuds suspends barangay official

CEBU, Philippines - For assuming the duties of a barangay captain, a councilman of Barangay Duljo-Fatima was suspended for three months without pay.

Graft investigator Amy Rose Soler-Rellen found Michael Cabatino guilty of simple misconduct for issuing a certificate of residency or barangay clearance to one Cesario Lorbida.

“Respondent Cabatino falsely and knowingly represented himself in the subject Certificate of Residency/Barangay Clearance as barangay chairman of Barangay Duljo-Fatima. He knew very well and intelligently that he is not the barangay chairman, but rather a barangay kagawad,” the decision reads.

Rellen said the issuance of certificate of residency or barangay clearance is within the power of the barangay captain.

“His excuse that he was constrained to issue the Certificate incidental to his authority to make Endorsement for burial assistance cannot be accorded much weight and credence,” Rellen said.

Rellen admonished Cabatino that a repetition of a similar act will be dealt severely.

Meanwhile, the administrative complaint for grave misconduct and/or serious dishonesty filed against Cabatino and barangay kawagad Cherryl Padilla were dismissed for lack of substantial evidence.

The complaint was filed by barangay captain Elmer Abella. He said he discovered that both respondents have been “unlawfully representing and usurping the Office of the Barangay Chairman.”

The two, he said, have been issuing endorsements and certificates on several occasions for funeral services and cash assistance, wrote their names and allegedly affixing their signature above the words “Barangay Chairman.”

Abella said he was on leave when the endorsement was issued and “respondents were not authorized, by complainant or by the Sangguniang Barangay, to sign in complainant’s behalf, any documents emanating from complainant’s office.”

In their joint-affidavit, the respondents denied the allegations. They said they were given authority to sign an endorsement letter for the burial assistance.

“Pursuant to his authority, cluster/Area Coordinator George Rama issued letters of authority respectively naming respondents Cabatino and Padilla as authorized signatories of the Barangay endorsement for cash and funeral service assistance claims,” the respondents said.

The said authority of George as barangay captain of Basak, San Nicolas was in accordance to the Memorandum of Agreement executed between him and Mayor Michael Rama.

George was a partner of the City of Cebu in implementing the program of assistance for burial services and cash assistance for several barangays including Duljo-Fatima.

Padilla, however, said he issued a certificate of residency/barangay clearance referring to deceased Cesario Lorbida whose heirs needed burial assistance because the barangay refused to issue the same. The certificate of residency/barangay clearance was the necessary requirement for the burial assistance.

The respondents claimed they signed the endorsement with their names and their position mentioned.

In the rejoinder of Abella, he stated that the acts of respondent were “tainted with malice.” He added the statement of Padilla that the barangay refused to issue certificate of residency/barangay clearance was a lie. — (FREEMAN)