At the Ombudsman Journalist files raps vs councilor, councilman

DUMAGUETE CITY, Philippines – A radio block-time commentator has filed at the Ombudsman of the Visayas a complaint against City Councilor Lilani Ramon and Barangay Calindagan Councilman Nelson Noay for allegedly illegal issuance of a barangay protection order against him.

Edmund Sistoso, a commentator of Power 91 DyGB-FM and also a freelance reporter, on Monday said he filed his complaint seeking for the preventive suspension of the respondents pending investigation “considering that the charge against respondents involves oppression (and) grave misconduct.”

Sistoso, in his complaint, said Ramon and Noay must be preventively suspended “considering that (they) are politicians and influential people, and that their continued stay in office may prejudice the case filed against them.” He further sought for the dismissal of the respondents from service and forfeit all benefits “after due proceedings.”

The complaint stemmed from the issuance of the BPO by Noay against Sistoso after Ramon filed for it last month, claiming that Sistoso allegedly threatened her on his radio program, which the latter had denied.

Last September 9, Ramon applied for a BPO from the Office of Barangay Chairman of Calindagan against Sistoso, to prevent him from coming near her as well as bar him from the session hall of the City Council during sessions.

Sistoso questioned the issuance of the BPO noting that the law clearly states that only the wife, former wife, common law wife/live-in partner or somebody in a relationship with him can apply for it. He contended that he and Ramon “have no dating nor sexual relationship,” which is a pre-requisite for the application for such order, per Republic Act 9262, or the Anti-Violence Against Women and Children Act.

Ramon earlier obtained a BPO, which was signed by Calindagan Barangay Chairman Manuel “Chakko” Sagarbarria, who, however, recalled it later on. Despite the recall order, however, Noay on that same day instead acted on a new application for BPO by Ramon “despite the absence of the relationship.”

In the new application, Ramon apparently based it on Republic Act 9710 or the Magna Carta for Women, but Sistoso countered: “However, there is nothing in the RA 9710, which even mentioned about BPO.”

Sistoso, in his complaint, also noted that only when the barangay chairman is absent can a barangay councilman issue a BPO with an accompanying certification of the unavailability of the former.

“There can be no other conclusion for the reason of the issuance of the patently illegal BPO by Noay, other than to harass and oppress complainant,” said Sistoso, while noting that respondent Ramon reported to police authorities why the BPO was not implemented.

On September 12, the regular session of the City Council, while on recess, was briefly marred by a commotion after a policeman attempted to serve the BPO against Sistoso. The ruckus died down soon after as Vice Mayor Woodrow Maquiling and other councilors immediately prevented the BPO from being enforced.

Sistoso cited that, in filing the administrative complaints against the Ramon and Noay, the facts and circumtances in the BPO issuance was “contrary to law, regulations, unreasonable, unfair, oppressive, discriminatory, mistake of law, arbitrary ascertainment of facts, irregular, immoral and devoid of justifications.”