Saturday, January 07, 2006

Ex-Bora Village Chief Scores CA Decision

By Boy Ryan B. Zabal
The Court of Appeals (CA) based in Cebu City reversed the decision of a Regional Trial Court denying the petition for certiorari on the dismissal order of Malay Mayor Ceciron Cawaling against a Boracay village chief. Associate Justice Pampio Abarintos of the CA Special 20th Division, in his 7-page decision under C.A. G.R.SP. No. 85924 has directed presiding judge Marieta Homena-Valencia of RTC Branch 1 in Kalibo, Aklan to hear the case and receive the evidence of both parties.
Abarintos said “Cawaling exceeded his authority vested in him by law by arrogating to himself the power to dismiss Manoc-Manoc Barangay captain Joel Gelito when the power to dismiss an elective Barangay official is solely lodged with the trial court.”
The town mayor earlier issued a suspension order dated November 18, 2003 against Gelito following the recommendation of the Sangguniang Bayan of Malay for 60 days. Later, he dismissed the undefeated village chief on January 23, 2004.
Gelito sought redress with RTC Branch 1 under Special Civil Case No. 7089 by filing a petition for certiorari to question the dismissal order of Cawaling. But Judge Valencia dismissed Gelito’s petition on March 31, 2004.
The village chief filed a motion for reconsideration and was also denied by the trial court on July 19, 2004, citing Section 67 of the Local Government Code of 1991 on administrative appeals.
“While it may be true that Gelito should have brought the appeal to the Sangguniang Panlalawigan of Aklan considering the circumstances of this case where the penalty imposed was dismissal, there was no adequate remedy available to him. The recourse to the courts is the proper remedy by availing of the extra-ordinary writ of certiorari,” Abarintos said.
Gelito lost in the 2004 local elections against incumbent mayor Cawaling. Barangay kagawad Danilo delos Santos acted as Manoc-Manoc Barangay captain after Cawaling suspended Gelito.
It was learned that Perlita Lanier of Brgy. Balabag filed an administrative complaint against Gelito before the Sangguniang Bayan of Malay on June 21, 2003.
Lanier cited the violations of Gelito on existing Municipal Ordinance No. 2000-131 regulating the construction of buildings and the PD 1096 otherwise known as the National Building Code of the Philippines.
Gelito’s violations include the construction of a 3-storey commercial building when his building permit specified to construct a two-storey residential building, construction of additional 4th floor without a proper building permit, failure to halt and demolish the illegal 4th storey despite the Stoppage Order and final demand letter issued by the local government of Malay on October 2002.
Judge Raul Barrios of the 5th Municipal Trial Court Buruanga-Malay dismissed Criminal Case No. 541-M for violation of the municipal ordinance, but recommended the filing of a criminal case for violation of PD 1096. /MP

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