18 Quezon barangay officials ask court to halt suspension
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At least 18 barangay chairmen of Mauban, Quezon, on Tuesday filed before the Regional Trial Court (RTC) a petition for the issuance of a Temporary Restraining Order (TRO) and a writ of injunction to stop the implementation of the six-month suspension issued against them by the municipal Sangguniang Bayan (SB).
Documents obtained by DAILY TRIBUNE showed that the named respondents are Vice Mayor Alween Sardea; SB members Nathaniel Calucin, Abelardo Mandrique, Michael Diasanta, Raquel Almacen, Yolanda Santayana, Juan Lorenzo Pastrana, Edgardo Astoveza, Liza Mandrique, Julieto Espinas, and Marlon Luna; and DILG-MLGOO Reyza Lagar.
In their petition, the barangay heads said the SB resolution is void and unenforceable as it does not have the required attestation by the SB presiding officer and minutes of the proceedings signed by the SB secretary, certifying that it was heard and deliberated during the session.
They also claimed that the resolution suspending them was issued by the SB without the mandatory requirement of a formal hearing and investigation. The petition cited the case of Joson v. Torres, wherein the Supreme Court stressed the wisdom of the requirement of a formal hearing, stressing that “when an elective official is suspended or removed, the people are deprived of the services of the man they elected. Implicit in the right to suffrage is the people are entitled to the services of the elective officials of their choice.”
The assailed resolution emanated from the complaint of some barangay chairmen allied with incumbent Mauban, Quezon, Mayor Erwin Pastrana for alleged violations of the bylaw of the Barangay Liga, such as frequent absences and failure to pay dues on time.
The barangay chairmen, however, claimed that the imposition of penalties by the SB based on the alleged violations of Liga bylaws is an intrusion into the affairs of the Barangay Liga. The Local Government Code (LGC) and decisions of the Supreme Court, they said, prohibit even the President of the Philippines and his alter ego from interfering with the affairs of the Liga, saying that the Liga ng mga Barangay is an independent and autonomous association governed by its constitution and bylaws.
The petitioners added that they have gathered pieces of evidence that the municipal government had contracted a private counsel to prosecute and prepare the resolution for their suspension, which they claimed is expressly prohibited by the LGC and Commission on Audit (COA) issuances.
