A motion for reconsideration (MR) was filed versus the order to dismiss Noli Villarosa as barangay captain of Tangub, Bacolod City, before the Office of the Ombudsman for the Visayas in Cebu City on Wednesday, December 7.
Caesar Distrito, Villarosa’s lead counsel, said Candido Medalla had filed a case against the barangay captain for allegedly demolishing a cyclone fence that encroached on the right of way and sidewalk along Ramylu Drive in Tangub.
The case had been dismissed by the Ombudsman but was reversed when the complainant filed an MR, which is not allowed under the rules, Distrito said.
Villarosa acting in performance of his official function was just complying with a directive of then President Rodrigo Duterte, the Department of the Interior and Local Government and then Mayor Evelio Leonardia to clear all roads from obstructions and illegal structures, Distrito said.
The evidences are very clear, Ramylu Drive from the Barangay Hall up to the Araneta highway is a 20-meter wide road, but on reaching the area complained of it becomes narrow, he said.
The occupant of the house, was duly notified and agreed to the removal of the cyclone fence, Distrito said.
“They were the ones who even removed their front portion, while the cyclone fence was removed by the barangay. They also accepted the P5,000 financial assistance as a reparation for the damages caused to them in implementing the directive to remove all illegal structures,” he said.
The property that the questioned fence occupied is a street lot based on the surveys of a geodetic engineer and the City Engineers Office, Distrito added.
“In short, it is a road that they are enjoying at the expense of the public. The complainant is not the owner of the questioned property, and his owned property is not even beside or near the area. He has no authority whatsoever, nor has the right to claim co-ownership because the titles beside the street lot have different owners,” Distrito added.
Distrito said Villarosa’s legal team is highly confident and optimistic that the case will be resolved in favor of their client.*