Despite court declaration Brgy council rejects new barangay chief

CEBU, Philippines - The barangay council of Awihao in Toledo City has refused to recognize its new barangay captain who was ordered by the Municipal Trial Court in Cities (MTCC) to take assume the position.

MTCC Judge Vidal Gella reportedly ordered to unseat Barangay Captain Nenita Virao in favor of Linda Canillo who won her election protest.

Virao is on indefinite leave starting second week of August when the court order was served by Sheriff Darlo Canonigo.

Councilor Florencio Tomarong told The Freeman that they questioned Canillo’s act of taking over the position because of the absence of a memorandum or order from the Department of Interior and Local Government (DILG).

The sheriff and the police escorts reportedly opened forcibly the office of the barangay captain, saying they are willing to face any charges as they were just implementing a court order.

“Nalalis namo sa sheriff, ako’y duty of the day atong tungora. Di man kay nibabag mi sa order sa korte, gikwestiyon lang namo ang requirements kay wa’y taga DILG,” Tomarong said. (We are not blocking the implementation of the court order. We are just asking why there’s no order from the DILG.)

Tomarong said that Virao still has a pending motion for reconsideration before the Second Division of the Commission on Elections in Manila and they are still waiting for its decision after the hearing last August 25.

“Paabot lang mi sa resulta sa TRO, mo file mi sa Ombudsman,” he said. (We will wait for the result of our petition for a temporary restraining order.)

Canillo reportedly called sessions and the barangay councilors also attended but they made manifestations of not recognizing it as official.

Tomarong said they tried to inquire with the DILG about the legality of Canillo’s assumption of office but they were told that the agency could not yet act on it because of the pending case before the Comelec.

“Di pa mi mo-recognize sa mga pirmahan ni Linda. Mahu’g og usurpation na ang iya,” Tomarong said. (We will not recognize the documents that she will sign. She could be guilty of usurpation of functions.)

Virao, the incumbent barangay captain during the last barangay election, reportedly won with one vote against Canillo and she was proclaimed winner.

This prompted Canillo to file an election protest in court and she won.

But Virao filed her motion for reconsideration before the Comelec Manila. –(FREEMAN)