Barangay chief sues Shimura for taking over water system

CEBU, Philippines - The rift between the barangay captain of Bateria and Mayor Sun Shimura of Daanbantayan has reached the Provincial Board after the former filed an administrative complaint against the mayor before the committee on complaints and investigation.

In a three-page complaint-affidavit, Bateria barangay captain Arsenio Luciano accused Shimura of abuse of authority, oppression, conspiracy to commit falsification of public documents and dishonesty.

Provincial Board Member Joven Mondigo, chairman of the committee on complaints and investigation, said the complaint of Luciano was referred not just to his committee but to the board as a whole. Mondigo represents the fourth district of Cebu, which Daanbantayan is part of.

The complaint of Luciano stemmed from Shimura allegedly forcefully taking over the operation of the barangay’s water system, which serves around 200 clients.

Luciano, the manager of the Bateria Water Works System, said that the water system is owned and operated by the barangay and it serves the constituents since 1972.

According to the complaint, he discovered that Mayor Shimura had endorsed to the Sangguniang Bayan, a barangay resolution that was passed on July 31, 2007, allegedly turning over the management of barangay water system, including the four personnel to the mayor, vice mayor and all the municipality of Daanbantayan.

Luciano further discovered that the mayor also issued an Executive Order No. 5 dated August 17, 2007, which took over the operation and management of the water system and appointed its personnel.

“I only knew of the existence of the order sometime in January 2009 when they sent me a letter,” he said, adding Shimura’s order is very questionable.

Vice mayor Maria Luisa Loot, in an early interview, said that they were merely enforcing two barangay resolutions passed in July 2008 authorizing the municipal government to take over the operations of the barangay’s water system and implement the rehabilitation.

The resolutions were the basis of Shimura to issue an executive order authorizing former barangay captain Jorge Malinao to run the waterworks system. Malinao ran against but lost to Luciano in October 2007 barangay elections.

Luciano said that the resolution, which was allegedly signed by three barangay councilmen were forged since they were not present during the session. He added Malinao and his former barangay secretary were clearly under orders of the mayor to falsify the minutes of the session in order for them to control the water system.

Luciano also pointed out that the take over of the water system needs an ordinance from the municipal council. — Garry B. Lao/WAB