Ombud clears brgy chief, councilman

CEBU, Philippines - Finding the absence of enough evidence, the Office of the Ombudsman-Visayas dismissed the anti-graft case filed against the barangay captain and a councilman of Barangay Cogon-Pardo, Cebu City who were accused of grave abuse of authority.

Graft investigator Antonio Yap cleared barangay captain Eugenio Gabuya Jr. and councilman Harry Iran on the case filed in relation to the demolition of illegal structures in their locality.

“As shown by the records, the respondents’ act in demolishing the illegal structures erected by the complainant and his group and the confiscation of the materials is deemed valid and legal,” the resolution reads.

Yap added that after going through the records, there was no evidence that showed the respondents “gravely abused their power and authority” during the demolition and confiscation of housing materials.

In the complaint filed by Edgardo Cantila, he alleged that on July 17, 2011 at about 1:30 p.m. while constructing the house of Brenda Calbario, barangay tanods arrived on board a patrol car and confiscated the housing materials and destroyed the structure.

Calbario is a member of Sitio Kanipaan Residence Association wherein Cantila was the president. Cantila added the actuations of barangay tanods were recorded in the blotter of the Pardo Police Station.

He said that on the same day, the same group destroyed the perimeter fence of another member of their organization, Rustica Calabrio. He said when he confronted the group, an unidentified man wearing a mask approached them and pointed a cal. 45 pistol and threatened to kill him.

In his counter-affidavit, Gabuya denied the allegation. He clarified that as part of his reform program he prohibited the construction of illegal structures in their barangay and to eradicate the proliferation of professional squatters.

Gabuya said that prior to the incident, the complainant was allegedly selling putting up for lease lots that do not belong to him.

Gabuya said on July 17, 2011, a concerned citizen called their office informing them that an ongoing construction was made at the property allegedly sold by Cantila to Calbario and Quijano. The said construction has no building permits.

Iran likewise denied the charges. He is the chairman of the Committee on Land Acquisition and Urban Poor Development of the Sangguniang Barangay of Cogon, Pardo. He said they confiscated the housing materials after the owner did not heed their advice to secure a barangay clearance and building permit before constructing anything.

“Despite the advice, Cantila and company continued erecting the poles deliberately and seriously disobeying the order, so the respondent directed the barangay tanods to confiscate the materials with utmost tolerance,” the counter-affidavit reads. Iran said they were just performing their jobs.

Yap in his decision stated that the allegation of the complainant were “sufficiently and satisfactorily refuted” by the respondents.

“The alleged destruction/demolition of the structures erected by complainant and his group and the confiscation of the other materials were best explained by the respondents in that, the structures were considered illegal as complainant failed to present the required barangay clearance for building permit,” decision reads.     - THE FREEMAN