 | Friday, November 20, 2009 Grave Abused of Authority
There is this fish vendor 49 years old woman ( Lets call her "Dina" *not the real name*) who had experienced a Grave Abuse of Authority from an incumbent Barangay Kagawad:
The Antecedent Facts are as follows:
Dina is been a fish vendor for almost seven years (7) at one City in Nothern luzon here in the Philippines. Moreover she is also a member of the Fish Vendors Association. The member of which have a long standing agreement that each one of the will only maintain one (1) to two (2) "Bilao" in the sale of fish. This Barangay Kagawad is likewise a vendor at the same place where Dina is situated. She is also a member of the fish vendor association and an officer therein being a treasurer of the said association.
For quite sometime, the said Barangay Kagawad has been harrasing and intimidating Dina at her place of work but she tried her best to disregard the same because she want to maintain friendly relations among the other vendors in the market. Moreover, Dina would also like to show respect due to This Barangay Kagawad's position.
However, Barangay Kagawad's abuse of authority reached it's peak due to an unfortunate incident that happened. Dina was so busy but peacefully selling fresh fish during the rush hour in the afternoon when this Barangay Kagawad suddenly came and told her "Bakit Dyan Ka Nakapwesto? Hindi Pwede Yan!" A few minutes after , Barangay Kagawad commanded her helper to remove Dina from her current position and install their "bilao" of Fish. The helper came to her and was forcing her to get out. He did it even if he saw Dina already was being hurted. Thus, against her will, the helper, at the instruction of This Barangay Kagawad put their "Bilao" of fish in the her current position until the fish that they were selling fell on the ground. The helper of Barangay Kagawad got angry, took the fish that Dina was selling, and trew all of it on the street grounds. Hence, Dina raised her voice, "Bakit Pinag-iinitan nyo ako, Ano kasalanan ko? Saan nyo ako ilalagay?" The helper in return shouted at Dina "Putang-Ina Mo!" Dina was shocked and in reflex, she told him also the same word. Then the son of this Barangay Kagawad came, approached Dina..... and Beat! Once, at the forehead.... The Mother did'nt respond.... Twice, at the neck.... The treasurer of fish vendor association did'nt respond again.... and for the last beat, at the head and forcibly pulled Dina... The Barangay Kagawad did'nt respond. In other words the son of Barangay Kagawad Beat Dina trice. After that, Male bystander tried to pacify the son of Barangay Kagawad. He was about to attack Dina again but he was stopped by the bystanders.
During the whole incident, This Barangay Kagawad was present and she was the one who commanded her helper and son to assault Dina. Moreover, she did not do anything to prevent her male helper and son and allowed them to maul Dina contrary to her obligation and duty as a Mother, as an officer of association and most of all a Barangay Kagawad to maintain peace and order in the community.
After that, Dina went to the police station to report the incident. She was forced to leave the fish that she was selling because of the injuries that she sustained. There, She executed a sworn statement and attached the Medico-Legal Certificate showing the wounds that she sustained during the incident.
Subsequently, after four (4) days that Dina got mauled by those people, to her surprised, she received summons from the office of the Lupong Tagapamayapa of the Barangay Council. Based on the Barangay Case: For disrespect to person in authority as filed by the Guilty Barangay Kagawad. Dina was asked to appear before the them on a specific date.
The Barangay Kagawad who figured prominently in the said incident and even never prevented her son and companions from assaulting Dina, clearly made use of her position as a Barangay official to harass Dina by filling a baseless claim against her. To make matters worse, she even filed it before the Barangay where she is a public official. The implication of this is that the Barangay Chairman and Barangay Council where the barangay kagawad filled the Barangay case will be expected to be partial to her cause considering that she is an official of that place.
What happened to the principle of fairness and justice?
Dina filed the case to the City prosecutor but the City Procecutor forwarded the case to the Barangay. The case in the Barangay was (she think) very much improper because when the hearings were done, there were only Brgy. Captain, The accused Kagawad and company, Dina and the secretary. When Dina's companion came to witness for the hearing, the Brgy. Captain forced him to leave and told him that she might record their conversations.
Aside from that, the Kagawad gave her a treat to be removed from fish vendor association and to the market with the help of Brgy.Chairman by means of a petition. That was also the reason why they don't accept the daily dues that Dina is paying.
She went to the DILG (Regional) and asked for a help. They gave Dina advices... They told her to go to DILG (City). Dina went to DILG (City)... They told her to go to City Council.....She went to that place..... They forwarded her to the Sangguniang Panlungsod..... They were supposed to tell Dina that she have to go to Liga ng Mga Barangay then she said Liga Ng Mga Barangay told her to go to their office first. Sangguniang Panlungsod told her to prepare for the verified affidavit of complaint and have a copy of 16 copies..... Dina were very disappointed that time especially when she went to one of the City Councilor wherein this official is the one who holds for the women protection and urban poor sadly this City Councilor were also the one who took the case to depend of the guilty Barangay Kagawad and her guilty son who mauled Dina. Where will Dina get some help from the Government? How Sad.... For the reasons that the Barangay Council were not capable for their positions, They gave Dina the Certificate to File Action improperly. She gave that Certificate to the Piscal's Office then the Piscal told her that those papers were supposed to give back by the Barangay. The Brgy. really didn't want to give that back. She Did those things for 3 times until she decided to get all of the papers and presented to the main window for filed cases in the Hall of Justice then they admitted.
Many days had passed... A letter from the City procecutor delivered to her rented house. A case of Treat and Unjust Vexation from Kagawad against Dina. She Went to the Hall of justice and she found out that the hearing of the case against Dina is sooner than the case she filed against the Kagawad. When she got the information regarding the case she had submitted she also found out that it was already submitted but not yet proccesed...................
Where is justice? Dina is a less fortunate person.
In this situation, I am pretty sure that Dina is not only the one who are experiencing this kind of situation. Isn't it Obviously a crime when a man hit a woman especially it is older than him? How about a Mother that let her son to do something bad to others? A Brgy Official to neglect the responsibility to maintain the peace and order? A Brgy Official who are included in the crime? An official of the Association who do not care about her member? And a person who always wanted to destroy others?
Moreover, Based from what I have learned from DILG, If the complaint is against an elective barangay official criminal aspect may be heard with the regular courts. With the the summon issued by the Lupong Tagapamayapa it was also appears to be improper since the complainant is a public official and the subject of her is Disrespect for authority, clearly not within the authority of the Lupong Tagapamayapa to settle or adjucate.Evidently, The accused Barangay Kagawad gravely abused her authority in order to harass Dina with the filling of baseless claim. As an author of this article I am Expecting that the Barangay Kagawad should be subjected to a disciplinary action by the Sanguniang Panlungsod for Grave Abused of Authority.
Everybody wants to live... Everybody wants to earn money for their family.... Everybody wants to live fairly...
Every Filipino belongs to this country...
* Dina wants to thank Public Attorneys Office for assisting to her administrative complaint against this Barangay Kagawad.
Nominated:
"Ten Best Posts of the Year"
Verification text: PBA09r155o0s
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