BY CHRYSEE G. SAMILLANO
The decision of the Office of the Ombudsman is not yet final and Tangub Barangay Captain Noli Villarosa has still all the right to file a Motion for Reconsideration or Appeal before the Court of Appeals.
This was the reaction of former Bacolod councilor Caesar Distrito, legal counsel of Villarosa, on the decision of the Ombudsman for the Visayas against the barangay captain of Tangub in the administrative case filed against him by retired teacher Candido Medalla Jr. in 2019.
The Ombudsman meted 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 Medalla for the demolition of the concrete fence of the complainant’s titled property in 2019 without their 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.
Pendon, on the other hand, having committed and being 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 penalties after the Ombudsman granted complainant Candido Medalla, Jr.’s motion for reconsideration (MR) on the administrative aspect of the Oct. 26, 2020 assailed Joint Resolution, dismissing the administrative case for lack of substantial evidence.
“This is just a simple case that we usually call, part of the hassle. It was purely a harassment case filed against Villarosa, and clearly a result of his performance of his lawful duty. This is not a case of graft and corruption,” Distrito said.
Villarosa was charged because he allegedly demolished a cyclone fence that encroached the right of way and sidewalk along Ramylu Drive. He was then complying the Order of former President Rodrigo Duterte to clear all roads and sidewalks from obstructions, he said.
In fact, the owner of the structure had received just compensation of P5,000 in exchange for the removal of the said illegal structure. However, a different person who had an axe to grind against Villarosa filed the case, Distrito said.
Also, the Ombudsman had already dismissed this administrative case and the criminal case filed against Villarosa. His client was surprised that the Ombudsman reversed its decision, he said.
Rest assured that Villarosa remains to be the barangay captain of Brgy Tangub, and his legal team will exhaust all available legal remedies. They are confident that a temporary restraining order (TRO) will be issued in favor of his client or the decision will be reversed in his favor, Distrito said.
“For the meantime, my client will continue to perform his duties as punong barangay, and see to it that public service for his constituents will not be hampered,” he added.*
