Carreta captain sued

CEBU, Philippines - For an alleged refusal to issue a certification to file action, a barangay captain of Carreta, Cebu City is facing a civil case before the court.

Dr. Raul Sala, Dr. Carmela Lugue and Hazel Peña, represented by their attorneys-in-fact Veronica Perez and Emelia Carreno, alleged that no settlement was arrived in their complaint filed before the barangay against the  illegal settlers yet Barangay Captain Eduardo Lauron and the Lupong Tagapamayapa refused to issue certification to be used for the filing of case before the court.

“That respondents’ non-issuance of the certification to file action despite several pleas from the petitioners and despite of the repeated warnings issued by the Department of Interior and Local Government …is an arbitrary abuse of power,” read the complaint for mandamus with damages and attorney’s fees and cost.

Thus, to compel the barangay officials, the petitioners sought for the court’s intervention and asked for P50,000 in damages.

The petitioners, residents of Junquera Street, Cebu City, said on May 8, 2014, they lodged a complaint before the barangay hall over the alleged refusal of the illegal settlers to vacate their lot.

The subject lot is located at Barangay Carreta.

They said because barangay complaint did not come up with a settlement despite the five conferees, they asked for the issuance of the certification to file action.

But Lauron allegedly refused to issue the same.  The petitioners’ sought the help of the DILG.

However, no certification was still issued, thus to have a “speedy and adequate remedy” they filed a civil case to compel Lauron.

“Wherefore, it is respectfully prayed, that after due notice and herein, a writ of mandamus be issued, commanding the respondent forthwith to issue pertinent certification to file action, with damages and costs,” the complaint read.

Respondents are yet to answer the complaint.  (FREEMAN)