AN 82-YEAR-OLD woman who has spent more than three decades serving in Barangay Apas, Cebu City has filed administrative and criminal complaints against village officials for allegedly unjustly removing her from the Lupong Tagapamayapa, a barangay-based dispute resolution body.
Emily Mendoza Malto accused Barangay Captain Virgil Cabigon and 17 others of grave abuse of authority, oppression, discrimination, grave misconduct, violation of due process, and violations of Republic Acts 6713 and 3019, alleging that her dismissal was politically motivated and not due to her age.
In a complaint filed on March 25, 2026, before the Office of the Ombudsman in Cebu, Malto, a widow and longtime community leader from Sitio Anagan, Apas, said she was “shocked” and “humiliated” after receiving a “Withdrawal of Appointment” at her residence on Jan. 26, 2026, effectively ending her 32 years of uninterrupted service as a Lupon member.
“The ground for such withdrawal was advanced age. My last day of service was Jan. 31…But still I am mentally and critically capable to function,” said Malto submitting records that showed she remained productive and physically capable of performing her duties.
She also said she sought clarification from the Department of the Interior and Local Government (DILG) on whether age can be a valid ground for removal of a Lupon member.
“That is the ruling of DILG and there is no such limit, there is no such age requirement,” said Malto.
Malto cited Section 399 of the Katarungang Pambarangay framework, noting that qualifications for Lupon members do not include a maximum age limit, focusing instead on competence and eligibility criteria.
She added that in other countries, senior citizens continue to serve in similar community or advisory roles as long as they remain capable, citing Singapore as an example.
The notice, signed by Cabigon and concurred in by all members of the Lupong Tagapamayapa, stated that her appointment was being withdrawn due to “unsuitability by reason of advanced age.”
Malto said the allegation was false, malicious, and unsupported by law.
“There was no warning given to me by the said officials or any other official/s of the barangay either written or verbal for whatever reason or ground in my more than 30 years in the service,” Malto said.
Record
Malto said she first became a Lupon member in 1993 under the late barangay captain Clemente Rosales. She was reappointed in 2007 by former barangay captain Ramil Ayuman and again in 2018 by Cabigon himself.
“I am proud to be eighty-two years old and very productive and useful to society. I am physically, mentally, and emotionally up to the task,” she stated in her complaint.
She emphasized that there is no age limit for Lupon members under Republic Act 7160 or the Local Government Code and Katarungang Pambarangay rules, which require integrity, impartiality, independence of mind, fairness, and probity.
To support her claim of continued capability, Malto attached copies of her daily time records for 2025 and January 2026, as well as monthly accomplishment reports certified by the barangay secretary.
She also cited her active involvement in several organizations, including as board director and trustee of the League of Lupong Tagapamayapa Cebu City since 2011, representative to the Cebu City Local Housing Board, representative to the Urban Poor Coordinating Council-North District, and leader of the 93-1 Movement Federation of Homeowners Associations composed of 44 groups in Cebu City.
Malto argued that her removal was politically motivated.
In her affidavit, she recounted an alleged confrontation with Cabigon after a flag-raising ceremony on March 4, 2024, after he allegedly believed she supported another political camp during the October 2023 barangay elections.
“The truth is the withdrawal of my appointment was politically motivated,” she said.
The complaint-affidavit also detailed alleged irregularities in the issuance of the withdrawal order, saying there was no formal hearing, investigation, or opportunity to respond before it took effect.
Malto described the process as “railroaded,” alleging that signatures of Lupon members were gathered secretly and under pressure.
She said the respondents violated her constitutional right to due process as well as ethical standards expected from barangay justice officials.
“The Barangay Captain and the Lupong Tagapamayapa are supposed to know the law and serve with integrity, impartiality, independence of mind, sense of fairness, reputation for probity, tact, patience, resourcefulness, flexibility and open-mindedness, but their acts showed the absence of said qualifications,” she said.
Preventive suspension
Malto is seeking the preventive suspension of Cabigon and the Lupon members while the investigation is ongoing, saying they could influence witnesses and interfere with evidence.
She is also seeking moral and exemplary damages, citing “serious anxiety, mental anguish, sleepless nights, untold worries, and besmirched reputation.”
Named respondents aside from Cabigon include Lupon members Chatch Calderon, Noel Francisco, Aurelio Soleno, Ma. Theresa Trongcao, Jean Jeigger Dano, Wenda Tatlonghari, Cesar Enriquez, Rene Borromeo, Vicente Marasigan, Jonathan Minoza, Henry Estoy, Ma. Jeanipher Gilberto, Patricio Salado Jr., Alejandro Borden, Allan Jose Majait, Maximo Yap Jr., and Reynaldo Hurboda. / CAV, DPC