Usurpation vs. unauthorized persons

BARANGAY captains in Cebu City may file complaints against private individuals who are allegedly doing their official functions like signing documents in the barangay, Vice Mayor Edgardo Labella said.

In a news conference yesterday, Labella said that a complaint of usurpation of authority may be filed against those private individuals who are under the Barangay Mayor’s Office (BMO) and are doing the official functions supposedly meant for to elected officials.

Earlier, Association of Barangay Councils President Philip Zafra questioned the alleged move of Mayor Tomas Osmeña in allowing private individuals to issue clearances and endorsements to residents after several barangay captains, particularly those under Team Rama, expressed concerns over it.

Zafra requested the Department of Interior and Local Government (DILG) 7 to look into the creation of BMO, particularly its functions, duties and responsibilities, to determine if these replicate functions of barangay captains.

“If it (the act) pertains to official functions that are being usurp then it will be a case of usurpation of authority but if it did not pertains to official functions, like they’re making recommendations only that does not pertain to official matters, for me, there is no course of action,” said Labella.

Labella, who is also a lawyer said that under the law, barangay clearance should be signed by the responsible barangay official like the barangay captain.

Other barangay officials can only signed the clearance, if he or she is designated by the village chief, Labella added.

Labella said that the main purpose of being in public office is for accountability.

“I don’t think its proper for a private individual to issue clearances because in order for one to issue or undertake a public act, one must have to be accountable that’s the essence of public office, responsibility and accountability,” he said.

As to the comment of Councilor Sisinio Andales, a member of Bando Osmeña Pundok Kauswagan (BOPK) who was reported as saying that they are just doing what the previous administration did, Labella said that they should not follow, if there is any, the alleged wrong practice in the past.

“I hope that people should learn that we should not follow the mistakes of others. On the assumption that what they did is a mistake then lets not do it. Let us show to the people our maturity, our being responsible. Just because there were alleged misdeeds done by the previous administration then we will follow?” said Labella.

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