THE Office of the Ombudsman-Visayas in Cebu City has granted the motion for reconsideration (MR) filed by Barangay Captain Noli Villarosa of Barangay Tangub in relation to the dismissal order issued against him and Kagawad Jose Ray Pendon.

Lawyer Ceasar Distrito, lead counsel of Villarosa and Pendon, said they received a copy of the Ombudsman’s decision Monday, January 30.

The Ombudsman’s decision dated January 9 signed by Graft Investigation and Prosecution Officer II Rhyan Panales stated that it grants the complainant’s motion for reconsideration on the administrative aspect of the October 26, 2020 assailed joint resolution, dismissing the administrative case for lack of substantial evidence.

The Ombudsman also ordered to set aside its order dated September 1, 2022, finding respondents Villarosa and Pendon guilty of simple misconduct, and reinstates the administrative aspect of its Joint Resolution dated October 26, 2020 dismissing the case for grave misconduct against the two barangay officials.

“This is a vindication on the part of Villarosa and Pendon, who are just fulfilling their obligation as barangay officials. They are just complying with the order that gives comfort and offers public service to his constituents,” Distrito said.

The reported dismissal order stemmed from the alleged simple misconduct case filed by Candido Medalla against the two barangay officials.

Distrito along with his legal team filed the MR of the two barangay officials on December 7, 2022.

“The case had already been dismissed by the Ombudsman and was just reversed when the complainant filed an MR. We have cited this as one of our arguments that under the rules, MR of a dismissed case is not allowed,” Distrito said.

He said this is part of the performance of the official the function of our client, and he just complied with the directive of then President Rodrigo Duterte, the Department of the Interior and Local Government (DILG), and even former Mayor Evelio Leonardia to clear all roads of obstructions and illegal structures.

"Our evidence is very clear, Ramylu Drive from Barangay Hall up to Araneta Highway is a 20-meter wide road, but upon reaching the subject matter of the complaint, it becomes narrow,” he added.

Distrito noted that the occupant of the house, was duly notified and agreed with the removal of his front portion and the cyclone fence, and they were the ones who even removed their front portion, while the cyclone fence was removed by the barangay.

They also accepted the P5,000 financial assistance as a reparation for the damages caused to them in implementing the said directive of removing all illegal structures, Distrito said.

He said the property that the questioned fence occupies is a street lot based on the surveys of a Geodetic Engineer and the City Engineers Office.*