Ombudsman terminates case vs barangay dad
For lack of jurisdiction over administrative case filed against a barangay official, the Ombudsman Visayas has terminated the administrative case against the Punong Barangay of Libertad, Lapuz filed by a police officer and a mother who took back her daughter's belongings in the same barangay. Instead the case was referred to the Sangguniang Panlungsod.
In an order signed by Virginia Palanca-Santiago, PACPO and Officer-in-Charge of the OMB-Visayas, the case filed against Barangay Captain Caesar Pioquinto for misconduct is closed and terminated. The complaint against Pioquinto was forwarded to the Sangguniang Panlungsod of Iloilo for "administrative adjudication." The complaint for misconduct against Pioquinto was filed by SPO1 Wilson Allona and Generosa Limpin.
In the same order, the Ombudsman cited that Section 61c of the Republic Act 7160 otherwise known as Local Government Code of 1991 states that "a complaint against any elective barangay official shall be filed before the Sangguniang Panlugsod or Sangguniang Bayan concerned whose decision shall be final and executory."
The order also said although the Ombudsman has concurrent jurisdiction with the Sangguniang Panlungsod of Iloilo over the matter, "it would be practical for purposes of expediency and accessibility to let the aforementioned Sanggunian take cognizance of this case considering that the parties are residents of Iloilo City."
The case was evaluated last July 28, 2006 by Portia Pacquiao-Suson, graft investigation and prosecution officer 1 and reviewed by Edgardo Canton, EIO Director. It was approved by Palanca last September 15, 2006 and concurred by Tanodbayan Ma. Merceditas Gutierrez last November 27, 2006. It was referred to the council last December 12, 2006 and only brought to the floor last Wednesday.
The complaint emanated from last December 28, 2005 incident at Libertad, Lapuz when Limpin sought the help of police officer Allona and two other police interns to secure her daughter's safety and her daughter's safety while they got their belonging in the house shared by Limpin's daughter and a certain Joemar Porras.
The complaint did not identify Limpin's daughter and other details to the effect, whether her daughter is a minor at the time of the incident. It was not also contained in the complaint whether Porras is related to Pioquinto.
Limpin, in her testimony said while they were on the process of getting the belongings of her daughter, Pioquinto who is clad in shorts angrily questioned why they did not get his permission first. The complainant alleged that Pioquinto arrogantly shouted at her and questioned the presence of barangay officials.