Village execs file motion to stop suspension order

ANGELES CITY — Nine leaders of Barangay Pulung Maragul here, who were accused of fraud, have filed in court a motion to quash the preventive suspension order issued against them.

This was learned from Barangay Pulung Maragul chairman Joseph Dimapilis, one of the village officials charged before the Office of the Ombudsman for violation of the Anti-Graft and Corrupt Practices Act.

Dimapilis said that they filed the motion on Wednesday, the day when the preventive suspension order against the nine village officials was reportedly served.

The Regional Trial Court (RTC) Branch 60 on September ordered the suspension of the barangay officials including Dimapilis; barangay councilmen Dominador Gerill, Leo Kintanar, Jesus Cortez, Orlando Lobo, and Leo Ancheta; Sangguniang Kabataan chairman Jomar Cortez; council secretary Lourdes Laluces; and council treasurer Evert Briones.

The court order, signed by Presiding Judge Ofelia Tuazon Pinto, directed the Deputy Sheriff to “peacefully and immediately” implement the order against the barangay leaders.

In implementing the order, if possible, seeks the help of the Department of Interior and Local Government (DILG), the court decision said.

But Dimapilis said they did not receive an official copy of the court order asking them to vacate their post temporarily.

According to him, the Department DILG and the local government unit is the proper authority in the implementation of the preventive suspension the court issued against them.

Dimapilis claimed that they will not leave their post unless the DILG issues a cease and desist order against them. The village officials clarified that they respect the decision of the court but stressed that it has to go through a proper procedure and channeling.

“Dapat atin certification nung ninu talaga reng lukluk na ning DILG para mamalit pansamantala kekami,” (There should be a certification as to who will replace us according to the DILG) Dimapilis said.

“We respect the rule of law and we will step down if the DILG issued a certification of cease and decease order,” he added.

The RTC also issued earlier a writ of execution to serve the suspension of the barangay officials.

The charges against the respondents stemmed from a complaint filed by 21 residents of Barangay Pulung Maragul in July 2009.

The complainants hit the village officials for their approval of Barangay Resolution 8-A, which states that “P50 and below proceeds from Barangay Clearance shall not be subjected to the issuance of Official Receipt.”

The complainants added that this resolution is a violation of the Revised Penal Code and the Anti-Graft and Corrupt Practices Act.

The resolution, allegedly approved by the village council, also states that the P50 and below proceeds shall be diverted for the “expenses of the barangay maintenance and daily expenditures.”

Only the P100 and above proceeds from the Barangay Clearance “shall be issued a particular OR for the purpose of accounting,” the resolution stated.

Former councilor Sonny Lao, who did not sign the approval of the barangay resolution, assisted the complainants to the Ombudsman.

The Deputy Ombudsman for Luzon, Victor Fernandez, in his June 23 decision, ordered the dismissal of the same barangay officials.

The late barangay chief Edilberto Cayanan, who was shot by a lone gunman early this year, was also included but the case against him was dismissed. Dimapilis became the village chief after Cayanan’s death.

During the dismissal, Lao took oath as village chief of Barangay Pulung Maragul. The DILG, however, reinstalled Dimapilis in compliance with the Court of Appeals order.

In a joint affidavit, the respondents defended themselves, saying that Resolution 8-A “is not yet implemented as it is still under the review by the City Council here and was referred to the DILG for appropriate action.” (Reynaldo G. Navales)