ABC meeting to tackle Arcilla’s case

CEBU, Philippines - The Association of Barangay Councils on its next assembly will give special attention on the charges against Talamban barangay captain Dario Arcilla, who is facing a criminal complaint for usurpation of authority.

ABC president and Tisa Barangay captain Philip Zafra, in an interview with The Freeman, said he was aware of the situation against Arcilla after the Cebu City Prosecutor’s Office has elevated to the Municipal Trial Court in Cities a criminal complaint against him.

“I believe that the barangay is empowered to suspend illegal constructions in their respective areas. Ako ning iapil sa agenda this Saturday’s Barangay Assembly kay kining kaso ni Kapitan Arcilla pwede sab mahitabo sa ubang kapitan (I will include Arcilla’s case one of the agenda in Saturday’s Barangay Assembly because this can also happen to any other village chief),” Zafra said.

Assistant city prosecutor Leah Cruz has found probable cause against Arcilla for issuing a cease and desist order against a house construction undertaken by complainant Beltran Rizon.

Cruz’s opinion said Arcilla can be made liable for usurpation of official functions as defined in the second part of Article 177 of the Revised Penal Code. She pointed out that as a barangay captain, he has no authority to issue cease and desist orders as this is not among the powers and duties vested in him.

It can be recalled that Rizon filed a complaint after the barangay captain issued two cease and desist orders last January 2014 stopping construction of his house in Sitio Nasipit.

Rizon said Arcilla did not present any legal basis for it and was prodded by the homeowners’ association which did not want him to construct a house.

But Capitol Site Barangay captain Manuel Guanzon, in an interview with The Freeman, insisted that the barangay can issue a cease and desist order, citing City Ordinance 1481 or an ordinance regulating the construction of buildings and other structures within the City of Cebu.

The ordinance was then sponsored by former city councilor Eleno Abellana. It was approved by then mayor Tomas Osmeña on December 6, 1993.

Guanzon said he sympathized with Arcilla because he believed that the prosecutor’s office erred in recommending for criminal charges against the barangay captain on usurpation of authority.

 Guanzon quoted Section 4 of the ordinance that the barangay officials are empowered to monitor the construction of buildings and other structures within their respective area.

Furthermore, Guanzon pointed out that in the ordinance, it was stated that barangay officials or duly authorized representative or other law enforcement agencies are empowered to issue a cease and desist order of any illegal construction going on.

Guanzon, a former vice president of the ABC, said if there is no clearance from the barangay, the same will not be permitted at the City Planning and Development Office and OBO.

“How come nga usurpation of authority man nga klaro man kaayo sa City Ordinance 1481 that barangay officials are empowered to issue cease and desist order? This has to be corrected kay kataw-an ta sa atong mga constituents niini ilabi na kadtong nag-illegal construction sa atong lugar,” Guanzon added.

Guanzon said he has been issuing a cease and order on all illegal constructions in his barangay.  (FREEMAN)