Abra court cancels suspension of officials in connection with plan to shoot polluters

The Bangued city government sees the tarp as an implicit threat to shoot persistent polluters, but a court disagrees with their response against the barangay officials.

ILOCOS SUR, Philippines – In Bangued town in Abra, a tarp along a barangay road warned against irresponsible garbage disposal. The first two violations carry fines. However, the third violation featured an image of a weapon, leading to a situation that escalated into a legal dispute between town and barangay officials.

The city government viewed the tarpaulin, for which barangay officials were blamed, as an implicit threat to shoot persistent polluters.

A regional court on Tuesday, June 18, overturned the Bangued city government’s order suspending six Calaba barangay officials – barangay chair Renato Brasuela, village councilors Marjun Santiago, Rosemel Viado, Marlbour Jude Valera, Carmelita Venus and Sangguniang Kabataan chair Darryl Blanes – over the controversial plan.

The court found that Bangued city officials had seriously abused their discretionary powers..

Judge German Ballesteros III of the Regional Court Division 1 declared the 90-day preventive suspension of the village officials “null and void since there is no factual and legal basis for it.”

The decision was based on an application for leave to appeal filed by Brasuela and his companions, in which they challenged the suspension order.

On May 3, the municipal council recommended the suspension of the barangay officials for alleged grave misconduct, grave abuse of office, gross neglect of duty, gross dishonesty and conduct prejudicial to the welfare of the service. Bangued Mayor Mila Valera issued the order on May 6.

The municipality also blamed village officials for failing to remove the tarp that hung over the street from January to March 31 after a Facebook post featuring the poster went viral.

Brasuela and the other village officials denied that there was such an ordinance in the barangay that threatened those who improperly disposed of their garbage with gunpoint. They also said they had not seen the controversial tarpaulin.

In his decision, Judge Ballesteros found that the conditions cited by the council for the suspension order “are mere literal representations of the law, not supported by any factual or substantive evidence.”

He said: “There is no evidence to suggest that the evidence of his guilt is convincing.”

The judge further stated that the court is not convinced that the continued employment of the barangay officials in office could influence witnesses or compromise the security and integrity of the evidence.

The court questioned that the town officials did not explain why other barangay officials were not included in the suspension order. It said the council issued the order hastily and without considering that the measure would deprive villagers of the services of their elected officials, making it “unreasonable.”

Ballesteros said it was obvious that the council’s actions were a “political vendetta” against the barangay officials, “which was not done in good faith, not for a valid reason and without granting due process to the plaintiffs.” Rappler.com