CEBU, Philippines - The Cebu City Prosecutor’s Office has elevated to the Municipal Trial Court in Cities a criminal complaint for usurpation of authority against the barangay captain of Talamban.
Assistant city prosecutor Leah Cruz has found probable cause against Dario Arcilla for issuing a cease and desist order against a house construction undertaken by complainant Beltran Rizon.
“Based on the evidence at hand, it is the humble opinion of the undersigned investigating prosecutor that respondent can be made liable for usurpation of official functions as defined in the second part of Article 177 of the Revised Penal Code. 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,” the resolution read.
Cruz has recommended P10,000 bail for Arcilla’s temporary liberty.
Rizon, owner of a parcel of land located in Nasipit, Talamban, constructed a residential house last year after he was issued a building permit by the Office of the Building Official on February 2, 2013.
Rizon said he was supposed to start the construction in 2012 but he was not given clearance by former barangay captain Jesus Remedio Jr. Despite the absence of barangay clearance, Rizon said his application for building permit was processed and upon completion of all the requirements a permit was granted.
However, Rizon said they could not continue with the construction because his workers were “constantly harassed and threatened” by the neighbors. On January 15 and 20, 2014, Arcilla issued a cease and desist order to stop the construction.
Cruz said Arcilla should have raised the issue before the appropriate government agency if he felt there were irregularities in the issuance of the building permit rather than taking it upon himself to stop the construction. (FREEMAN)