CEBU, Philippines - A barangay captain in Daanbantayan, who was meted two years suspension by the Municipal Council after finding him guilty of four administrative charges, has filed an appeal before the Sangguniang Panlalawigan.
Suspended Bakhawan barangay captain Bernardito Luche Jr. has asked the members of the Provincial Board to reverse the decision of the Municipal Council of Daanbantayan for lack of merit, factual and legal basis.
“Unfortunately, the Sangguniang Bayan of Daanbantayan disregarded facts and legalities choosing instead bias and partiality by committing grave abuse of authority, serious misconduct and oppression in coming up with its decision,” Luche said in his appeal brief.
Luche claimed that there was politics in the decision because he is the only opposition barangay captain out of the 20 barangays of Daanbantayan.
In his appeal, Luche asked the board that the dissenting opinion of Councilor Gilbert Arrabis Jr., the only lawyer and lone opposition in the municipal council, be given its full and due weight.
Arrabis, in his dissenting opinion, believes Luche is not guilty of the charges and even asked his colleagues in the council to dismiss the case.
However, the Committee of the Whole chaired by Councilor Rex Novabos and all the SB members except Arrabis voted for the suspension of Luche on the basis of “substantial and overwhelming evidence.”
An SB Resolution authorizing Mayor Ma. Luisa Loot to implement the decision was also passed on March 2, 2012. The suspension took effect last Tuesday, March 13, 2012.
The Municipal Council, as a committee of the whole, found Luche 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.
The case stemmed from a complaint filed by Concepcion and Prociso Piedad. The couple alleged that Luche directed his barangay tanods to forcibly take away their cut trees.
The complainants also alleged that Luche, without authority, collected the amount of P125 for permit fee and P30 clearance fee when the barangay ordinance only authorizes the collection of P15.
Luche was not the first barangay captain to be suspended by the council.
Before the 2010 barangay election, the SB also suspended former Bateria barangay captain Arsenio Luciano, also an opposition, for 30 months after he was found guilty of five administrative charges. (FREEMAN)