Sanggunian suspends two kagawads of Campo Filipino Barangay
THE City Council on Monday approved a resolution from the Ad Hoc Committee on Barangay Administrative case Division III of the august body penalizing with suspension two barangay kagawads of Campo Filipino Barangay for oppression and grave abuse of authority and gross discourtesy.
In the resolution of the Committee on Barangay Administrative Case, Division III chaired by LIGA President and ex-oficio City Councilor Michael Lawana and members City councilors Roberto Ortega, Isabelo Cosalan Jr., Joel Alangsab, and Elaine Sembrano, the penalty of suspension for six (6) months without pay was meted out against Barangay Kagawad Abdulfatah Talib for oppression and grave abuse of authority while the penalty of one (1) month suspension without pay was meted out against Barangay Kagawad Windell Masacal for gross discourtesy in the course of official duties.
From the factual antecedents of the barangay administrative case it was established that the committee concerned attempted but failed to amicably settle the dispute thru an appropriate hearing. The case stemmed from a complaint from Ermilinda Carbonell and Gloria Limpin filed with the City Council in connection with an altercation/encounter that transpired between the complainants and the respondents on February 11, 2014 and which resulted in the destruction of a Samsung tablet used to take pictures of the second floor of the of the Campo Filipino Barangay Hall.
During that incident, as narrated by the resolution, it was revealed from the testimonies of witnesses who saw the incident that Kagawad Talib, in an emotional fit, took the Samsung tablet and destroyed it while, on the other hand, Kagawad Masacal hurled invectives against the complainants.
In the determination of the case the chairman and members of the committee took notice of the fact that Kagawad Talib did not deny having destroyed the Samsung tablet out of a fit of anger upon learning that it was being used to take pictures of the inside of the barangay hall without permission. And from the statement of witnesses gathered it was established by the committee that both of the Barangay Kagawads engaged in heated discussion with the complainants that even led to the shouting of invectives against the latter.
In this light and from the facts obtaining the committee was constrained to come up with a resolution and recommend for the suspension of the two Barangay Kagawads which the City council approved. Meanwhile in the conclusion of the committee it also gave weight to its findings that there have also been actuations by the complainants which are considered as a provocation that led to the unfortunate incident and which are deemed as a mitigating circumstance and lessened the penalties against the respondent Barangay Kagawads. In its ruling the committee likewise noted that as to the other charges, the fact that a public officer or employee has already been administratively penalized is not a bar to his conviction under the general penal laws. Finally the committee also strongly enjoined Kagawad Masacal to remove his motorcycle which was parked inside the Barangay hall.
It can be recalled that the Sanggguniang Panlungsod (City Council) under Republic Act 7160 otherwise known as the Local Government Code of 1991 is empowered to hear administrative cases against elective barangay officials and its decision is deemed final and executory.