Sambag II brgy. captain, Lupon member face complaint at Ombuds

Sambag II barangay captain Noel Wenceslao and one of his barangay mediators were criminally charged before the Ombudsman-Visayas yesterday for allegedly refusing to issue a certification to file action as requested by one of his constituents.

Wenceslao and Lowell Belarmino, a member of the barangay's Lupong Tagapamayapa were named respondents in the complaints for violation of Republic Act 6713, obstruction of justice, conduct unbecoming of an official and dereliction of duty.

But the Ombudsman's graft investigators would still evaluate the gravity of the complaint filed by Rogelio Amante to find out if there is enough basis to upgrade the inquiry into a full-blown investigation.

Wenceslao and Belarmino welcomed the filing of the complaint against them saying they are confident that they can answer all the allegations hurled by Amante during the preliminary investigation of the case.

The case started after Amante lodged a complaint before the office of Wenceslao against his neighbor, Alberto Arcaya, who, reportedly armed with a bolo, threatened to kill him and tried calling him out of his house last March 1.

It was learned that both Amante and Arcaya are engaged in a dispute over land and the case is still pending in court.

Belarmino was the one who handled the preliminary investigation of the complaint lodged by Amante against Arcaya. Because the case was not settled during the first and second mediation conference, it was scheduled for the third and last mediation last April 4.

Amante said he failed to attend to the scheduled conciliation proceedings conducted by Belarmino last Tuesday because he did not receive a summons.

"Complainant is totally deprived of his constitutional rights to secure the certification to file action," Amante claimed in his complaint filed before the Ombudsman.

A certification to file action is a requirement if somebody wishes to file before the court a case that is cognizable by the barangay justice system, meaning only those cases that carry a penalty of imprisonment of not more than one year and a fine of up to P5,000. Its purpose is to reduce the number of cases filed before the courts.

It is the barangay captain or the chairman of the Pangkat ng Tagapagkasundo who can issue such a certification.

"Sayop si Amante sa pag-ingon nga dili mi mo-issue niya og certification. Gusto ni kapitan nga makig-estorya usa niya bahin sa iyang giingon nga si Arcaya inpluwensyado kaayo sa mga opisyal sa barangay," the Lupon member said. - Rene U. Borromeo