BY CHRYSEE G. SAMILLANO
The Office of the Ombudsman for the Visayas meted Tangub Barangay Captain Noli Villarosa the penalty of dismissal from service after finding him guilty of simple misconduct in the administrative case filed against him and Kagawad Raymund Pendon by a retired teacher for the demolition of the concrete fence of the complainant’s titled property in 2019 without their (owner’s) consent.
The order dated September 13, signed by Deputy Ombudsman for the Visayas Dante Vargas and acting assistant Ombudsman for the Visayas Jane Agular, said the penalty of dismissal against Villarosa will carry with it accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and a bar from taking civil service examination, for having committed the offense of simple misconduct for the second time.
The Ombudsman had previously found Villarosa guilty of simple misconduct in the case entitled “Dindo S. Amadeo vs Noli B. Villarosa” where he was imposed a penalty of suspension from service for a period of three months without pay.
Meanwhile, Pendon, having committed and found guilty of simple misconduct for the first time, was meted a penalty of suspension from service for three months without pay, with a stern warning that a repetition of the same will be dealt more severely.
The respondents were meted the above penalties after the Ombudsman granted complainant Candido Medalla, Jr.’s motion for reconsideration (MR) on the administrative aspect of the October 26, 2020 assailed Joint Resolution, dismissing the administrative case for lack of substantial evidence.
Medalla had filed criminal and administrative cases against Villarosa and Pendon on October 15, 2019 after the eastern portion of the perimeter fence of their 3,144 square meter-titled property in Tangub was demolished by the demolition team of the barangay on August 29, 2019, in line with the implementation of Department of Interior and Local Government (DILG) Memorandum Circular No. 2029-21, directing local officials to reclaim public roads and get rid of illegal structures.
Medalla said the criminal and administrative complaints he filed against the respondents before the Ombudsman were both dismissed.
So he filed an MR dated May 18, 2022 in the administrative aspect of the Joint Resolution dated Oct. 26, 2020, where he submitted the three land titles of their property; an aerial photo of their residential compound to prove co-ownership of the Medalla property enclosed with a concrete fence, part of which was allegedly destroyed or demolished by respondents; and a Dec. 2, 2021 certification issued by Bacolod City Engineer Aladino Agbones, stating that the concrete fence destroyed by the respondents was not identified as road obstruction nor has it encroached the road right of way of the same road (along Ramylu Drive) in accordance with the directive contained in DILG MC No. 2019-21.
To further establish that the demolished fence really belonged to the Medalla family, complainant submitted a sworn affidavit dated Nov. 18, 2021 executed by Ma. Nilda Vicera declaring that the destroyed fence does not belong to her but to the Medalla family to which complainant is a member of.
The Ombudsman issued an order dated June 21, requiring respondents Villarosa and Pendon, to comment and file their opposition on the motion for reconsideration filed by Medalla.
After the respondents failed to submit any document showing their comment and/or opposition to Medalla’s MR, after a lapse of a reasonable period of time of more than two months, the Ombudsman said it “will resolve the controversy on the basis of the evidence at hand.”
The Ombudsman set aside its earlier finding (dismissing the administrative case for lack of substantial evidence) and entered a new decision finding Villarosa and Pendon guilty of simple misconduct.
The Visayan DAILY STAR attempted to reach Villarosa for comment, but was unable to reach his mobile number as of press time.*
