Barangay chief suspended for two years
For the second time in history, the Sangguniang Bayan (SB) of Daanbantayan, Cebu again suspended an opposition barangay captain for two years, long enough to prevent him from coming back if the October 2013 elections will push through.
The Municipal Council, as a committee of the whole, found respondent barangay captain Bernardito Luche, Jr. guilty of four administrative infractions thereby imposing the penalty of suspension from office for a period of six months each for every infraction committed, or equivalent to two years.
This is the second time that the Daanbantayan Municipal Council suspends an opposition barangay captain. Before the 2010 barangay election, the SB also suspended former Bateria barangay captain Arsenio Luciano, also an opposition, for 30 months for five administrative charges against him.
Luche was charged for grave abuse of authority, oppression, serious misconduct and gross dishonesty by two of his councilors and some residents of Barangay Bakhawan.
Complainants alleged that a certain Salud Mondoyo, mother of complainant Concepcion Piedad, for herself and in the latter’s behalf and her spouse, Prociso Piedad, executed a document of sale in Junrey Villamor, nine years old from Capitol, Cebu City, was diagnosed with TB meningitis S/P and needs financial help for his V-P shunt. Visayan language whereby Mondoyo sold to complainant Rogelio Gallares Sr. six gemelina trees and six mahogany trees.
On the basis of the sale, Gallares cut the said trees in the morning of February 17, 2011 without necessarily getting government permit as certified by the Department of Environment and Natural Resources.
In the afternoon of the said date, Luche allegedly directed barangay tanods to forcibly take and carry away the cut trees from the possession of the complainant Piedad couple.
The complainants also alleged that Luche, without authority, collected from Mondoyo the amount of P125 for permit fee and P30 clearance fee when the barangay ordinance only authorizes the collection of P15.
Luche reportedly had the incident recorded in the blotter claiming that Gallares was caught in the act of cutting trees.
Luche, in his answer, stated that Mondoyo who owns the lot Clarence Marindoque, one month old from Tabucanal, Pardo, Cebu City was diagnosed with congenital hydrocephalus and needs financial assistance for his shunt. Herbert has acute hydrocephalus Herbert Maglangit, two years old from Zamboanga del Norte, suffers from acute hydrocephalus 2 degrees to TB meningitis. He needs V-P shunt. where the cut trees were planted did not complain against him and in fact, she was the one who reported to him about the cutting of trees.
Acting on the report, Luche directed his tanods to verify and to stop the cutting of trees.
Luche denied that he collected money from Mondoyo and the signature of the official receipt was not his but of the barangay treasurer Clarissa Endab.
Lone opposition SB member, lawyer Gilbert Arrabis Jr., in his dissenting opinion believe Luche is not guilty of the charges and even asked his colleagues to dismiss the case.
However, the Committee of the Whole chaired by Councilor Rex Novabos and all the SB members excluding Arrabis voted for the approval of the decision on the basis of “substantial and overwhelming evidence” to impose the administrative penalty against Luche.
An SB Resolution authorizing Mayor Ma. Luisa Loot to implement the decision was passed last March 2, 2012 while the suspension took effect last Tuesday, March 13, 2012.
Luche told The FREEMAN that he still has to file an appeal before the Provincial Board even if the suspension already took effect. Jessa Mae Meñoza, two months old from Mactan, Lapu-lapu City, is diagnosed to have congenital hydrocephalus. She needs V- P shunt. Cristy needs help Cristy Salazar, eight years old from Lawaan II, Talisay City, was diagnosed with chronic malnutrition, pulmonary TB, and pneumonia. She needs financial aid for Faithdelle Mary Badajos, six years old from Kilawan Tanke, Talisay City was diagnosed with acute lymphocytic leukemia and needs financial assistance for her three years chemotherapy. Anna Mae Francia, 10 years old from Naga City, Cebu was recently diagnosed with acute lymphocytic leukemia and needs financial aid for her intensive chemotherapy. Raven needs chemo Raven Regulacion, one year old from Naga City, Cebu was diagnosed to be suffering from rhabdomyosarcoma. He needs financial help for his chemotherapy. Uriel has heart ailment Uriel Ligan Escoza from Talisay City was diagnosed with congenital heart disease and needs financial help for his cardiac operation. Kaina Aclo, two years old from Salay, Misamis Oriental, was diagnosed with congenital hydrocephalus and needs financial help for her V-P shunt.