Ombud dismisses case vs brgy captn

CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed the criminal complaint filed against a barangay captain of Guimbangco-an, Sibonga, Cebu for lack of merit.

Graft investigation and prosecution officer Corazon Arnado-Carillo found no evidence to hold respondent Retche Fiel for trial.

“It is therefore clearly established that respondent did not cause undue injury thru bad faith and malice to herein complainant. Wherefore, premises considered, the above entitled case filed against respondent for a violation of Section 3(e) of Republic Act 3019 or anti-graft and corrupt practices act, is hereby dismissed,” the resolution reads.

It was Lucia Llanos Natividad represented by Especiosa Llanos who filed the complaint. In her complaint, she said she was the sister of Lucia who owns a parcel of land with an area of 138,872 square meters located at barangay Guimbangco-an.

She said the parcel of land was inherited by Lucia from their mother, the late Gregoria Llanos. Sometime in February 2012, she said Lucia applied for a barangay clearance for a fencing permit but respondent allegedly refused to issue.

With the refusal of the respondent, complainant said Lucia hired a lawyer and sent a demand letter on March 13, 2012 for the issuance of a fencing permit. But, she said, respondent the replied through writing requesting for a meeting with Lucia to discuss the matter before the property will be fenced.

In his counter-affidavit, respondent admitted that he received the demand letter of Lucia on March 13, 2012 demanding for the issuance of a barangay permit for fencing within 10 days from receipt.

Respondent said he wrote Lucia as respond to her letter adding he wanted to meet her and the residents adjacent to her property.

“Allegedly, these owners and residents of adjoining lots are using an existing footpath traversing across the subject property that serves as their way of ingress and egress for years now, thus, they requested for a dialogue with Lucia,” he said.

However, he said instead of acting on his request, Lucia sent another letter “an ultimatum” for the issuance of the barangay fencing permit.” If he fails to issue the same, he said Lucia threatened to file a complaint against him.

In his five-page resolution, Carillo ruled that respondent did not deny the request of Lucia.

It shows that residents adjacent to the lots owned by complainant manifested their intention of having a dialogue with the former because they will be affected by the fencing.

“While it may be true that it is the legal right of Lucia to fence her property, it is also the duty of the respondent to maintain peace and order in his barangay, thus, he set a conference to avoid possible chaos during the construction of the fence,” Carillo said.

Carillo said the actuation of the respondent calling the parties for a dialogue was justified because if the passage of the residents would suddenly be closed it will create trouble.  (FREEMAN)