Cordova brgy captain faces usurpation rap

CEBU, Philippines - A barangay captain in Cordova is facing a criminal complaint before the Cebu Provincial Prosecutor’s Office for issuing a permit to hold cockfighting in his barangay last month.

Barangay Captain Chito Degamo Bentazal was accused of violating Article 177 of the Revised Penal Code and Municipal Ordinance 009-2008 series of 2008.

Councilman Joseph Goac-ong Mejia, who acted as the complainant, said Bentazal has usurped the authority of the mayor when he issued a permit to allow a cockfight in Sitio Ylaya, Barangay Ibabao on June 28 at 1 p.m.

Mejia said he received information about an illegal cockfighting in the area on the said date prompting her to respond.

“I met Artemio Degamo, Sr., (the father of incumbent barangay councilor Arthur Degamo) he told me that he was in charge of the cockfighting. I inquired if he had a Mayor’s permit for the activity; he answered that there was none but he had a permit issued by barangay captain Chito Bentazal,” Mejia’s affidavit read.

Mejia said that he told Artemio to stop the cockfighting because holding the same without Mayor’s permit is illegal and respondent has no authority to issue such permit.

PO2 Juan Bensi and PO1 Roger Nobleza of Cordova Police Station, in their joint-affidavit, said they also received a call from concerned citizen complaining about an illegal cockfighting in Sitio Ylaya.

Acting on the complaint, the police immediately check the information and found a group of people on a vacant lot near the barangay hall.

The police found out that the cockfighting was illegal because it did not have a valid permit issued by the mayor.

“That as no actual cockfighting took place in our presence, we immediately ordered the dispersal of the people who has gathered around, told them that we could not allow any cockfighting in the area notwithstanding the so-called “permit” issued by Bentazal,” the police stated, adding they could arrest them and put into jail if they persisted.

Mejia clarified that based on the municipal ordinance setting guidelines for the issuance of franchise, permits and licenses to establish, operate, and maintain a cockpit, the barangay captain’s authority is only recommendatory.

He said it is the mayor who has the authority to issue permit upon the recommendation of the barangay captain. — (FREEMAN)