Wednesday, January 09, 2008 CA allows Tisa chief to present evidence
TISA Barangay Captain Eduardo Cabulao succeeded in prohibiting Regional Trial Court (RTC) Judge Soliver Peras from rendering his decision yesterday on a case against him.
Cabulao had asked the Court of Appeals (CA) to direct Judge Peras to give due course to his urgent motion for reconsideration that would allow him to present his evidence by way of defense.
In 2005 the Office of the Ombudsman-Visayas filed the information against Cabulao for violating the Anti-graft and Corrupt Practices Act when he refused to issue a barangay clearance to a Tisa resident in favor of another. Bail was set at P30,000.
Jose Villanueva, the complainant, said Cabu-lao did not heed his request for the issuance of a fencing permit, which he first made on April 28, 2004.
Not the first time
The barangay captain still refused to issue a permit, even after three conferences with Ombudsman Director Virginia Santiago, who indicated that there was no reason for Cabulao to deny the request.
This is not the first time that Peras failed to read his decision on the case against the chief executive.
Cabulao also asked the CA to issue a temporary restraining order for a period of 60 days to restrain and prohibit Judge Peras from proceeding with the promulgation of judgment.
He also urged the CA to issue a writ of preliminary mandatory injunction for the permanent suspension of the promulgation of decision to prohibit Peras from continuing with the proceedings. He wants Peras to allow him to present his evidence or, if not, acquit him.
Cabulao blamed his former legal counsel on his failure to present evidence.
In his complaint, Villanueva said Cabulao issued a barangay clearance to Manuel Tigpos, who was in a similar bind. That showed the official’s bias and partiality, Villanueva said.
His defense
Cabulao, in his counter-affidavit, explained that he could not be compelled to issue a permit because the complainant is not the actual occupant of the lot.
He said the occupant is Alberto Pacaña, who showed him an original certificate of title over the property.
He also reasoned that there is no court order asking him to issue the clearance for the fencing of the lot.
But Graft Investigator Richard Buazon ruled that Cabulao’s argument was baseless.
“The act of issuing a barangay permit is a ministerial act on the part of the respondent, especially if the applicant (Villa-nueva) is able to comply with the necessary requirements,” Buazon said.
A court order is not among the requirements, he said.
As to the allegation that Pacaña is the occupant of the property, Bauzon ruled that it is up to Pacaña to contest Villanueva’s claim of ownership. (KNT)
