Village chief sacked for neglect of duty

The Office of the OmbudsmanVisayas has dismissed the barangay captain of Patag, Naga City, Cebu from the service after he was found guilty of gross neglect of duty.

Graft Investigation and Prosecution Officer III Luanne Ivy Cabatingan ruled that constructing a perimeter fence surrounding the barangay property allegedly without the necessary exit point for water under the supervision of Felisardo Montoya that claimed one life constitutes the offense charged.

"While respondent's neglect in the performance of his duty to accept a project that conformed to the plan appeared to be simple and the deficiency in the project he accepted deceptively minor, the terrible consequences wrought by that deficiency he ignored and the fact that the deficiency pertained to a safety feature of the project makes respondent's negligence in this case gross," read the decision.

Aside from Montoya's the dismissal from the service, the anti-graft office also ordered the forfeiture of all his benefits, perpetual disqualification to hold public office and cancellation of all civil service eligibilities.

ErlynPaquit of Barangay Patag said that her daughter, Ailyn Rose, died on January 16, 2017, during a nonstop and heavy rain when the perimeter fence collapsed.

Before the incident, she and other residents told Montoya that the perimeter fence posed danger to their lives and that it must have a gate so that the water from the upper estate would just flow, especially when it would rain.

They were living in a sloping area. Erlyn said the project plan which was approved by the City Engineer showed that there was to be an "8 X 16" exit point on the portion of the perimeter fence directly across or opposite her house but the perimeter fence was constructed without it, allegedly upon the instruction of Montoya.

Due to heavy rain, the perimeter fence collapsed and the accumulated water goes to her house where her child was sleeping at that time.

She alleged she was not able to grab her child because she was carried by the flood.

Her daughter was found unconscious a couple of hours later, some three kilometers away from their house. The daughter was declared dead when brought to the hospital.

Montoya denied the allegations filed against him.

He said that, contrary to the claims of the complainant, there was an exit point for water and there was no record in the barangay opposing the construction of the perimeter fence.

Erlyn pointed out the exit point which was mentioned by Montoya was a mere one-half inch pipe embedded into the perimeter fence, which was not a proper exit for rainwater.

Photographs showed no presence of "8 x 16" exit point as detailed in the "As Built Plan."

Montoya's signature on the As Built Plan indicates that he approved the work of the contractor.

Cabatingan ruled Montoya's act of "inexplicably and inexcusably" failed to demand the conformity of the construction to the plan by having the contractor correct the deficiency for lack of opening before he accepted the project, cause damaged to Erlyn and her family, constituents of his barangay whose welfare he was duty-bound to ensure and protect.