EDUARDO A. BACANTO JR.

Complainant,

-versus- ADMINISTRATIVE CASE No. 61-s-2020

For: Misconduct, Conduct Unbecoming of a
Public Official and Abuse of Authority
PUNONG BARANGAY
VALENTINO ISO JR.
Respondent.
x------------------------------------x

DECISION

Before us is the verified complaint filed by Kagawad Eduardo A.

Bacanto Jr. (“Kagawad Bacanto”) on 16 October 2019 against Punong
Barangay Valentino Iso Jr. (“PB Iso”) for violating Republic Act 6713,
Republic Act 3019 and for Grave Misconduct, Dereliction of Duty, Cunduct
Unbecoming of a Public Official, Grave Abuse of Authority and Oppression.

In an Order dated _______ the Sangguninag Bayan (SB) directed PB

Iso to file his Counter-Affidavit/Answer within fifteen (15) days from receipt
of its Order. Subsequently, on 04 November 2019 respondent filed his
Sinumpaang Kontra Salaysay.

The Sangguniang Bayan in its Resolution dated ________held that

there was a prima facie case against Kapitan Iso, however, the prayer for
his preventive suspension was not given due course for lack of merit.
Preliminary Conference was then held wherein both parties marked their
documents and identified their respective witnesses. Thereafter, trial on the
merits ensued.

COMPLAINANT’S EVIDENCE

Kagawad Bacanto narrated in her Sinumpaang Salaysay that he filed

a case of theft against Lilian Dilidili and Reynald Joves. He alleged that the
latter, by means of force, carted away 1 double burner gas stove, 2 gasul
tanks, 1 laptop and 3 kalderos. According to Kagawad Bacanto because of
that incident he filed a case against the duo before Barangay Maderan and
they had an initial encounter thereat on 03 April 2019. To his surprise, the
confrontation or the hearing of his complaint did not take place after 03
April 2019. He made a follow-up as to the issuance of the Certificate To File
Action (“CTFA”) but a certain Ms. Estrada that she would consult the matter
to herein respondent Kapitan Iso. Kagawad Bacanto added that he
confronted Kapitan Iso during their session on 04 June 2019 about the said
non-issuance but the latter told him “hindi ko kayo maiissuehan kase
hindi pa tapos and usapan at proseso natin”. Finally, Kagawad Bacanto
went to the office of Barangay Secretary Cielito Caspe and tried to secure
the sought CTFA and Secretary Caspe allegedly had an instruction not to
issue the said CTFA to Kagawad Bacanto. In the process, Kagawad
Bacanto was able to record the said conversation on his cellular phone with
Secretary Caspes’s consent.

RUBEN IBAJAN SR. Ruben Ibajan testified that he was with

Kagawad Bacanto on the 25th of June 2019. They proceeded to the office of
Barangay Maderan Secretary Lito Caspe to request for the certified true
copy of the Certification To File Legal Action anent his complaint against
carol Bumagat and Lilian Dili-dili. He was antonished when Secretary
Caspe refused to receive Kagawad Bacanto’s request and in the process
told them that it was Kapitan Iso’s directive not to issue the subject CTFA.
At that juncture, Kagawad Bacanto asked for Caspe’s consent to record
him which the latter yielded.

NOEL PALOMA. Noel Paloma echoed the previous testimony of

Ruben Ibajan Sr. that they were with Kagawad Bacanto on the 25 th of June
2019 and that Kagawad Bacanto requested for the CTFA which Secretary
Caspe failed to issue at the direction of Kapitan Iso. He also narrated the
previous testimony of Ruben Ibajan Sr. with respect to the recording of
Secretary Caspe and the latter’s allowance to the said recording.

Thereafter, complainant manifested that he will not present another

witness or will mark another evidence. He, then, rested his case.

RESPONDENT’S EVIDENCE

VALENTINO C. ISO JR. In his Kontra Salaysay, Kapitan Iso averred

that it was Liza Rustia (“Ms. Rustia”) who truly owned the “pwesto” in front
of the 167 store. Ms. Rustia only allowed Carolina Dumagat (“Ms.
Dumagat”) to sell her products therein with the condition that Ms. Dumagat
would voluntarily vacate the premises if Ms. Rustia would need it. Ms.
Dumagat allowed Jennifer Caling (“Ms. Caling”) to use the half portion of
the space without the knowledge of Ms. Rustia. He allegedly narrated that
suddenly Kagawad Bacanto raised ownership of the property in dispute.

Kapitan Iso pointed out that Ms. Caling started to use the half portion
of the shop on 24 October 2017 and it was manned by certain Jay Turrecha
and Orcella Navarro.When Ms. Dumagat decided to use the entire property
Ms. Caling refused to leave.As such, Ms. Dumagat decided to file a blotter
of Ms. Caling’s refusal to leave. However, Ms. Caling did not attend any of
the scheduled “patawag” or hearing. When said complaint came to
Kagawad Bacanto’s knowledge he intervened emphasize that he was the
owner of the entire shop and he would be the one to attend the hearing
with respect to the complaint against Ms. Caling.

Kapitan Iso maintained that there was no theft that transpired since it
was Ms. Dumagat who owned the property. While kapitan Iso admitted to
have taken things mentioned by Kagawad Bacanto in his complaint, he
then proffered an explanation that the carting of the said things was
recorded by CCTVs and they are under the safekeeping of Barangay
Maderan. Finally, he denied to have committed any of the charge being
thrown against him by Kagawad Bacanto.

CAROLINA DUMAGAT. Carolina Dumagat (“Ms. Dumagat”) belied

the allegations of Kagawad Bacanto. According to her, he did not see
Kagawad Bacanto in the property even once and that it would be
impossible that a laptop would be left there. She alleged that she talked to
Ms. Caling and told her that she would need the entire property but the
latter refuse to leave. Ms. Dumagat narrated that she filed a complaint
against Ms. Caling before Barangay Maderan but the latter refused to
attend any of the scheduled hearing. She then consulted the matter to Atty.
Fabroa and they sent a demand letter so that Ms. Caling would vacate the
property. She decided to remove the property of Ms. Caling and Ms. Dilidili
and Mr. Joves served as witnesses for the said removal.
 On 11 January 2019, she decided to change the roof of the property
at the instructions of Ms. Rustia. Suddenly, a certain Tony took pictures of
what they were doing. Moments later, Kagawad Bacanto arrived with police
officers. Kaagwad Bacanto then instructed us to cease from what we are
doing and directed us to follow them at the barangay hall.

CIELITO CASPE. Secretary Caspe narrated that he was directed by

Kapitan Iso that all his actions in the barangay should be known to the
latter. He indeed admitted that he did not issue the certificate being sought
by Kagawad Bacanto since he was directed by Kapitan Iso not to issue the
same. Secretary Caspe, in his refusal to issue the said documents,
narrated that Kagawad Bacanto is not a party to the case. He likewise
admitted that Kagawad Bacanto, together with former Kagawads Paloma
and Ibajan, took a video of him.

LILIAN DILIDILI. Ms. Dilidili that vehemently denied that they looted
the kitchen materials as alleged by Kagawad Bacanto. She insisted that
they were at the scene with Reynaldo Joves to serve as witnesses.

REYNALDO JOVES. Mr. Joves affirmed the statement of Ms. Dilidili

that they did not steal the kitchen materials as alleged by Kagawad
Bacanto. and that they were at the scene to serve as witnesses.

ISSUE

Whether or not Punong Barangay Valentin Iso Jr. is guilty of the offenses
charge.

RULING

The Local Government Code of 1991 provides that:

Section 60. Grounds for Disciplinary Actions. - An elective local official may
be disciplined, suspended, or removed from office on any of the following:

(a) Disloyalty to the Republic of the Philippines;

(b) Culpable violation of the Constitution;

 (c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;

(d) Commission of any offense involving moral turpitude or an offense

punishable by at least prision mayor;

(e) Abuse of authority;

(f) Unauthorized absence for fifteen (15) consecutive working days,

except in the case of members of the sangguniang panlalawigan,
sangguniang panlungsod, sangguniang bayan, and sangguniang
barangay;

(g) Application for, or acquisition of, foreign citizenship or residence or

the status of an immigrant of another country; and

(h) Such other grounds as may be provided in this Code and other
laws.

Relatedly Section 61 of the same Code provides that:

xxx

(c) A complaint against any elective barangay official

shall be filed before the sangguniang panlungsod or
sangguniang bayan concerned whose decision shall
be final and executory.

xxx

In 2013, Municipal Ordinance No. 2013-65 was passed prescribing

rules of procedure in conducting trial of administrative cases filed before
the Sangguniang Bayan against elective barangay officials. Thus, the
present case falls within the ambit of the Sangguniang Bayan in exercising
its concurrent jurisdiction to hear and decide cases against erring elected
barangay officials.

As discussed above, elected officials (barangay officials in our case)

may be disciplined administratively on cases of disloyalty to the Republic of
the Philippines, culpable violation of the constitution, dishonesty,
oppression, misconduct in office, gross negligence or dereliction of duty,
commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor, abuse of authority and acquisition of
foreign citizenship.

The decisive question now before us, Is Punong Barangay Valentin

Iso Jr. guilty of the charges filed against him?
 We shall discuss.

At the outset, the Sangguninag Bayan is not unaware that the

Sinumpaang Kontra Salaysay of PB Iso does not squarely answer the gist
of the complaint of Kagawad Bacanto. He merely discussed thereon the
issue of ownership of the property in 167 between Ms. Dumagat and
Kagawad Bacanto. We can consider his affidavit to be non-responsive and
in fact a mere hearsay testimony. In the same vein, the affidavit of Ms.
Dumagat did not help PB Iso since, again, her testimony delved on the
matter of ownership of the property herein mentioned. The Sangguniang
Bayan however cannot convict PB Iso on these pieces of evidence alone
since in arriving with this decision we have to consider the evidence on its
entirety since we are not bound with technicalities in this case.

The Sangguniang Bayan observed that some testimonies of parties

muddled with the substance of this case which is the non-issuance of the
Certificate to File Action (CTFA). The question of Sangguniang Bayan
Estelita Manalang and the subsequent answer of Kagawad Bacanto is very
telling as to the essence of the case, to wit:

SBM Manalang: So sa medaling salita yung

concern na pagnanakaw is wala yun. Ang
hinahabol mo, yung hindi pag-i-issue sayo ng
Certificate To File Action sa medaling salita.

Kagawad Bacanto: Correct po.

Therefore, we will not delve on matters of who has the better right
over the property in question and the regularity of the alleged carting of the
kitchen materials as witnessed by Ms. Dumagat and Mr. Joves.

As correctly observed by Sangguniang Bayan Member Atty. Angie

Paycana, the complaint of robbery with force upon things filed by Kagawad
Bacanto is not within the purview of the Katarungang Pambarangay as it
carries with it the maximum penalty of pricion correcional or imprisonment
of six years maximum. The 1991 Local Government Code is very explicit
on this matter, it so provides that the Lupon of each Barangay shall have no
jurisdiction on offenses punishable by imprisonment of exceeding one (1)
year or a fine exceeding Five (Php 5,000.00) Thousand Pesos. Taking into
consideration the penalty for such crime, therefore, Barangay Maderan has
no jurisdiction to take cognizance of the complaint filed by Kagawad
Bacanto.

Even if we assume that the said crime can be lodged before the
barangay, still, Kapitan Iso is not liable for the non-issuance of CTFA since
its non-issuance is justifiable under the prevailing circumstances.

The evidence presented by the respondent sufficiently rebutted the

allegation against him by Kagawad Bacanto. The pieces of documents
(Annex 1, Annex 2 etc.) show that there were notices of hearing scheduled
by the Lupon which Kagawad Bacanto refused to sign. There is no reason
for us not to believe that said notices of hearing reached Kagawad Bacanto
since the same reached the respondents and considering the status of
Kagawad Bacanto as a member of Sangguniang Barangay of Barangay
Maderan. The evidence of his refusal to receive those notices was not
rebutted by Kagawad Bacanto when he testified in this Committee when
Kapitan Iso annexed to his Kontra Salaysay the notices of hearing.
Likewise, we give the presumption of regularity to the testimony of the
Barangay Official who delivered the same since there is no evidence on
record that would indicate otherwise or would suggest that such delivery is
feigned or simulated. As observed by Sangguninag Bayan Member Alfredo
Abueg III, the case would not proceed without the active participation of the
complainant and therefore the non-issuance of CTFA is justified.

Verily, Kapitan Iso is entitled to the presumption of regularity that

Kagawad Bacanto failed to rebut. The Supreme Court held that “the
presumption of regularity in the performance of official duties is an aid to
the effective and unhampered administration of government functions.
Without such benefit, every official action could be negated with minimal
effort from litigants, irrespective of merit or sufficiency of evidence to
support such challenge. To this end, our body of jurisprudence has been
consistent in requiring nothing short of clear and convincing evidence to the
contrary to overthrow such presumption”1

On a final note, the subsequent actuations of Kagawad Bacanto is

beyond human experience. Why would he not proceed to the police station

1
Susan A. Yap vs. Elizabeth Lagtapon, GR No. 196347
to have the alleged “robbers” arrested or at least investigated? The filing of
the complaint before Barangay Maderan is highly suspect to us since
Kagawad Bacanto is a former Punong Barangay of Barangay Maderan and
perhaps he knows very well that a case of robbery is not within the ambit of
the Katarungang Pambarangay. His motive of filing the same is beyond us
to discuss.

We remind Kagawad Bacanto to avoid filing of unnecessary and

unmeritorious cases since there are more pressing matters that the
Sangguniang Bayan need to discuss and pass.

We likewise remind Punong Barangay Iso and the rest of his officials
to thoroughly and religiously study the Katarungang Pambarangay
processes so as not to entertain case such as this which is beyond its
jurisdiction.

WHEREFORE, premises considered, the instant administrative case

is hereby DISMISSED FOR LACK OF MERIT.

SO ORDERED.

2 March 2020. General Mariano Alvarez, Cavite.

Hon. Maricel E. Torres

Vice Mayor/Presiding Officer

Hon. Angela Lenin E. Paycana Hon. Aisa Phlonel C. Gutierrez

Sangguniang Bayan Member Sangguniang Bayan Member

Hon. Alfredo L. Abueg III Hon. Bongbong A. Sevilla

Sangguniang Bayan Member Sangguniang Bayan Member

Hon. Renante L. Tuatis Hon. Michael Joseph I. Virata

Sangguniang Bayan Member Sangguniang Bayan Member

Hon. Allan Estuye Hon. Estelita Manalang

Sangguniang Bayan Member Sangguniang Bayan Member

Hon. Roderick O. Paycana Hon. Nathaniel Nuarin

LNB President/SB Member SKF President/SB Member

Copy furnished:

Kagawad Eduardo Bacanto

Barangay Maderan, GMA, Cavite

Punong Barangay Valentin Iso Jr.

Barangay Maderan, GMA, Cavite

MLGOO-DILG
GMA Municipal Compound

File