SABANGAN, Mountain Province – For allegedly illegally dismissing a barangay tanod, the Punong Barangay of Namatec of this municipality is now facing an administrative case filed at the office of the Blue Ribbon Committee of the Sangguniang Bayan.
According to Councilor Eduardo T. Palicos, Chairman of the Blue Ribbon Committee of the Sangguniang Bayan (SB) of this town, his office received an complaint from Mr. Morris Obar, complainant, on May 11, 2015. Said complaint is indicting the Punong Barangay of Namatec, Melchor Bao-idang, jr., of abuse of authority and oppression for allegedly dismissing the complainant as barangay tanod on January 2015 without due process of law. Obar is praying for any relief that said committee may award and preventive suspension whiles the case is being investigated.
In his defense, PB Bao-idang stated in his supplemental answer on July 1, 2015 that it’s a mere error of judgment in the absence of bad faith because when he assumed to office as the new punong barangay of Namatec he had a barangay assembly where it was made known to the community that the term for barangay tanod is only one year.
Earlier Bao-idang submitted a reply on May 21, 2015 praying that said complaint be dismissed for lack of jurisdiction of said committee to hear the case and also on technicality that it does not have a certificate of forum shopping attached to it.
Said prayer was however denied by the committee in their July 1, 2015 hearing citing the legal opinion of the Provincial legal office. It should be noted and well to remember that the case is administrative and as such, technicality rules of procedure are liberally applied technicality should not be allowed to stand in the way of equitably and completely resolving the equity and obligation of the parties to the case.
The provincial office of the Department of the Interior and Local Government also gave their opinion on the term of an appointed official in the barangay e.i. barangay Tanod, and the nature of its appointment and removal citing sec 389(b) (5) of RA 7160. The punong barangay shall upon approval by the majority of all the members of the sangguniang Barangay, appoint or replace and other appointive barangay officials.
In an interview with Palicos, he said that his committee is given 90 days under the law to resolve the case and will be submitting their recommendation to the Mayor for implementation. Both parties however are given 30 days to appeal the case to the sangguniang panlalawigan whose resolution will be final and executory.
Palicos however complained on the nature of the case because he said that “this is a tough job for me and my co members who are all politicians.
We are on the dilemma of “catch 22” cause whatever outcome of this case we are at the losing. One party or both parties might not be voting for us if they are not satisfied of the result of the case and to think that election is just around the corner. The reason why we are convincing them to settle the case amicably. Palicos tearfully narrated.
By Gabriel Moguet
