BARANGAY captains also have a role to play in the fight against illegal drugs, Gov. Hilario Davide III told community leaders in the recent 1st- and 6th-District conference for 191 barangay heads.
Talisay Association of Barangay Councils (ABC) president Raul Cabañero had questioned the role of barangay officials in witnessing the inventory of confiscated drugs after a drug raid, saying this is not provided in the Local Government Code of 1991.
“Sakto ng imo nga wala na sa balaod (You’re right that it’s not in the Local Government Code of 1991), pero naa na sa laing balaod (but it’s in another law),” said Davide, citing Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002.
Cabañero’s arrest
Section 21 of the law states: “Apprehending team shall conduct physical inventory of the drugs after seizure in the presence of the accused, representative of the media and the department of justice and any elected official...”
The governor told Cabañero during the open forum that barangay captains don’t have to be present during the raid, but their presence is importance during the inventory of seized items.
Cabañero, Bulacao barangay captain, refused to help agents of the National Bureau of Investigation (NBI) 7 during the inventory of illegal drugs seized in his barangay last November.
Cabañero was playing mahjong outside the barangay hall that time.
This prompted the NBI 7 to arrest Cabañero and slap him with violation of Presidential Decree (PD) 1829, or obstruction of justice; Article 233, or refusal of assistance of the Revised Penal Code; and PD 1602, or illegal gambling, before the Talisay City Prosecutor’s Office.
Plea for help
The NBI 7 also accused Cabañero of not helping the bureau crack down on the illegal drug trade in his barangay.
Cabañero had wondered why the agents couldn’t compel his first councilor to witness the inventory, considering they approached him first.
Meanwhile, Davide urged barangay captains to report to the governor’s office constituents, including policemen, who are involved in the illegal drug trade.
He promised to forward the information without revealing the informant’s identity to Police Regional Office 7 Director Tom Bañas and Cebu Provincial Police Office Director Noel Gillamac.