Court acquits ex-barangay captain for malicious mischief

CEBU, Philippines – Former Calamba, Cebu City barangay captain Ester Concha, who is now seeking to reclaim her former post, is acquitted for the case of malicious mischief filed by her sister, Asteria Quijada.

The rest of the respondents in the case - five barangay tanods and a house owner, were also acquitted.

The case stemmed from the demolition of a gate that Quijada constructed in their family's compound. Quijada's gate obstructed the free access of all occupants inside the compound.

Everyone had a key except another of their sister, Indayon Quijada, who demolished the gate.

But before she destroyed the gate, she called the barangay hall seeking assistance so she could pass through. She also went to Concha's house informing the barangay captain that she was about to destroy the gate.

Concha tried to stop Indayon from doing it but found that there was no way to prevent Indayon, so the barangay captain sent barangay tanods Zaldy Regudo, Melchor Valle, Danilo Labiste, Roger Perez and Arsenio Pepito to the area to make sure there will be no violence.

Quijada, in her complaint, claimed that Concha, the barangay tanods and Indayon helped each other in destroying the steel gate of her house which cost P22,200.

But Municipal Trial Court in Cities Pamela Baring-Uy ruled that Concha did not even push or inspire Indayon to forcibly open the steel panel gate. In fact, she told Indayon not to do anything and stay calm.

The judge also added that the tanods did not participate in the removal of the steel panel gate.

Baring-Uy ruled that it was Indayon, and she even admitted this, who ordered the removal and detachment of the steel panel gate so that she and her family can enter their house.

The incident happened June 15, 2007 at around 3:30 p.m.

Asteria constructed the gate, without informing the other residents of the compound, to prevent burglary.

Indayon said that the holder of the key was the caretaker Susan, who gave all the compound residents a key each except her family. She alleged that Susan refused to give her any despite several requests.

"It has become very inconvenient and hard on our part and my family as we can not enter their house without shouting and making unnecessary noise, which prompted us to call Concha to seek for assistance," Indayon explained. (FREEMAN)