Cabangahan brgy captain sued for malicious mischief

CEBU, Philippines - A barangay captain was charged with malicious mischief before the provincial prosecutor’s office for allegedly causing the demolition of an abandoned meat shop in Cabangahan, Consolacion.

Cabangahan barangay captain Edwin Miñoza was accused by spouses Romulo and Marilyn Fat of ordering the demolition of their shop.

“The demolition was illegal and arbitrary and a manifestation of a glaring demonstration of grave misconduct and grave abuse of authority,” the complaint-affidavit reads.

The complaint was originally filed before the Office of the Ombudsman-Visayas but was referred to the Prosecutor’s Office.

Graft investigation and prosecution officer Sarah Jo Vergara said that the case was not under the exclusive jurisdiction of the Sandiganbayan.

“Let the complaint on hand be referred to the Office of the Provincial Prosecutor for preliminary investigation and/or any other appropriate action, pursuant to the terms and conditions of the Memorandum of Agreement by and between the Office of the Ombudsman and the Department

of Justice,” the anti-graft office’s evaluation report reads.

The Ombudsman opted not to resolve the complaint considering that it does not involve fraud, misuse of public funds or corrupt practices act.

The incident happened on July 4, 2012. Based on the complaint, the couple claimed that they temporarily cease operating the shop because of financial losses. However, the respondent ordered his barangay tanods and other barangay employees to demolish the shop.

Romulo said he confronted Miñoza but he was instead harassed by the respondent. According to the complainant, Miñoza even challenged him to a fistfight.

The complainants claimed that Miñoza’s actuation was politically motivated because they were known political enemies of the barangay official.

“Barangay captain Miñoza has an ax to grind against us and is continually harboring hatred upon us since we are identified ever since as his political enemies due to our opposite stand during elections.”  (FREEMAN)