REPUBLIC OF THE PHILIPPINES

City of Davao
19 CITY COUNCIL
th

Office of the Sangguniang Panlungsod

COMMITTEE ON ETHICS AND GOOD GOVERNMENT

COMMITTEE REPORT ON ITEM NO. 1297

COMPLAINT OF FRELAN-JAN ACEDO AGAINST PUNONG BARANGAY AMADO

T. BABAO OF BARANGAY ILANG, BUNAWAN DISTRICT, DAVAO CITY.
Committee Hearing was on July 29, 2021, 1:00 in the afternoon through an online
meeting platform known as "ZOOM".

Attendance: Please refer to the sheet attached to this report attached as Annex “A”.

BACKGROUND:

This is a complaint filed by Frelan-Jan Acedo against Punong Barangay Amado T.

Babao of Barangay Ilang, Bunawan District, Davao City for alleged Property Dispute,
Unjust Removal of her mother, Lanie Acedo from the association and Slander.
The complaint was endorsed to the Committee on Ethics and Good Government
on February 9, 2021 and was assigned an Item Number on March 16, 2021.

HIGHLIGHTS OF THE COMMITTEE HEARING:

On the Committee Hearing held on July 29, 2021, the Complainant narrated that
the issue arose when the Purok Leaders of the Association claimed that her mother,
Lanie Acedo, was not paying her monthly dues and was not attending the meetings for
the property in Purok Kobbler, Ilang, therefore, must be removed from the roster. The
complainant alleged that they have a copy of the receipts as proof that payment has
been made and that it is not true that her mother was not attending the meetings. He
added that there was a dispute as to the cost of the renovations in a property which
was allegedly changed by the Purok Leaders without notice given to them and that the
Purok Leaders caused a public scandal degrading her family. That due to these reasons,
he filed a complaint in the Barangay but Punong Barangay Amado T. Babao was
allegedly biased on his verdict on the issue and that no resolution was made.
Punong Barangay Amado Babao denied the allegations made against him. He
explained that proper legal proceedings were followed when a complaint was filed by
the Complainant in the Barangay. They were referred to the Lupon Tagapamaya and
was heard Three (3) times. However, in spite of the efforts of the barangay to settle
the parties, no settlement was achieved. Hence, the Barangay issued a Certificate to file
Action so that a case may be filed by the Complainant in the proper courts should they
decide to do so. PB Babao explained that there was nothing irregular in his act of
issuing a Certificate to File Action when the conciliation proceedings failed as it is well
within the Barangays power as provided under the law.
The Chairperson of the Committee, Councilor Antoinette G. Principe made it clear
that the issue really here is against the Purok Leaders, who were not made parties in
this instant action. The Chair added that the Committee also has no jurisdiction to
resolve issues pertaining to dispute among and between associations or people’s
organizations as well as issues with respect to slander committed by private individuals
as these issues may only be properly threshed out in the courts of law. Under the
Revised Rules of the Sangguniang Panlungsod, the Committee only conducts
investigations of malfeasance, misfeasance and nonfeasance in office by barangay
officials and employees of the city government and the barangays. It is clear that this
committee is powerless to tackle issues involving private individuals since in doing so is
tantamount to expanding or altering its own jurisdiction which is a transgression under
the rules. The allegations against PB Babao as regards being biased on his verdict on
the issue and that no resolution was made were acts that do not constitute
malfeasance, misfeasance and nonfeasance in his functions as Punong Barangay. Under
the law, malfeasance is doing an act which a public officer should not have done.
Misfeasance, on the other hand, is an improper doing of an act which a person might
lawfully do. While, nonfeasance means omission of an act which ought to be done.
In the instant complaint, there was no showing that Punong Barangay Babao
committed those acts mentioned. In fact, he was not biased and only did his job as the
Barangay Captain. Under Section 412 of the Local Government Code:
“No complaint, petition, action, or proceeding involving any matter within the
authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been a confrontation between the
parties before the lupon chairman or the pangkat, and that no conciliation or settlement
has been reached as certified by the lupon secretary or pangkat secretary as attested
to by the lupon or pangkat chairman or unless the settlement has been repudiated by
the parties thereto”.
In view of the above, it is mandatory that there should be a confrontation
between the parties before the Lupon Chairman and that a certification be issued that
no conciliation or settlement has been reached before a case can be filed in Court.
Here, as mentioned by Punong Barangay Babao, the conflicting parties were referred to
the Lupon Tagapamaya and were heard Three (3) times. However, despite the
mediation or conciliation efforts before the Punong Barangay to settle the dispute, the
same was unsuccessful. Hence, the issuance of the Certificate to file action is a
ministerial act on the part of the barangay in case no amicable settlement was reached
in the conciliation proceedings. There having no evidence presented by the complainant
to prove that there was undue preference or evident bad faith on the part of the
Punong Barangay Babao, then the official acts done enjoy the presumption of
regularity.
Accordingly, the Chair recommended to close the case considering that the
Committee has no jurisdiction over associations or people’s organizations and that the
actions made by PB Babao does not in any way constitute any malfeasance,
misfeasance or nonfeasance of duties which warrant disciplinary actions.

RECOMMENDATIONS:

In view of the foregoing, the Committee hereby recommends closing Item No.
1297 which pertains to “Complaint of Frelan-Jan Acedo against Punong Barangay
Amado T. Babao of Barangay Ilang, Bunawan District, Davao City.”.
RESPECTFULLY SUBMITTED this ____________, Davao City, Philippines.
 Signed by the Committee Members:

COMMITTEE ON ETHICS AND GOOD GOVERNMENT

HON. ANTOINETTE G. PRINCIPE

Chairperson

HON. ALBERTO T. UNGAB HON. DIOSDADO JUNIOR R. MAHIPUS

Vice Chairperson Member

HON. PILAR C. BRAGA HON. JESUS JOSEPH P. ZOZOBRADO III

Member Member

HON. J. MELCHOR B. QUITAIN, JR.

Ex- Officio Member
 Republic of the Philippines
LUNGSOD NG DABAW
Sangguniang Panlungsod

RESOLUTION NO. ______

Series 2021

RESOLUTION CLOSING ITEM NO. 1297, ENTITLED “COMPLAINT OF FRELAN-

JAN ACEDO AGAINST PUNONG BARANGAY AMADO T. BABAO OF BARANGAY
ILANG, BUNAWAN DISTRICT, DAVAO CITY.”

WHEREAS, this is a complaint filed by Frelan-Jan Acedo against Punong Barangay

Amado T. Babao of Barangay Ilang, Bunawan District, Davao City for alleged Property
Dispute, Unjust Removal of her mother, Lanie Acedo from the association and Slander;
WHEREAS, on the Committee Hearing held on July 29, 2021, the Complainant
narrated that the issue arose when the Purok Leaders of the Association claimed that
her mother, Lanie Acedo, was not paying her monthly dues and was not attending the
meetings for the property in Purok Kobbler, Ilang, therefore, must be removed from the
roster. The complainant alleged that they have a copy of the receipts as proof that
payments have been and that it is not true that her mother was not attending the
meetings;
WHEREAS, the complainant added that there was a dispute as to the cost of the
renovations in a property which was allegedly changed by the Purok Leaders without
notice given to them and that the Purok Leaders caused a public scandal degrading her
family. That due to these reasons, he filed a complaint in the Barangay but Punong
Barangay Amado T. Babao was allegedly biased on his verdict on the issue and that no
resolution was made;
WHEREAS, Punong Barangay Amado Babao denied the allegations made against him.
He explained that proper legal proceedings were followed when a complaint was filed
by the Complainant in the Barangay. They were referred to the Lupon Tagapamaya and
was heard three (3) times. However, in spite of the efforts of the barangay to settle the
parties, no settlement was achieved. Hence, the Barangay issued a Certificate to file
Action so that a case may be filed by the Complainant in the proper court should they
decide to do so. PB Babao explained that there was nothing irregular in his act of
issuing a Certificate to File Action when the conciliation proceedings failed as it is well
within the Barangays power as provided under the law;
WHEREAS, the Chairperson of the Committee, Councilor Antoinette G. Principe made it
clear that the issue really here is against the Purok Leaders who were not made parties
to this instant action. The Chair added that the Committee also has no jurisdiction to
resolve issues pertaining to dispute of among and between associations or people’s
organizations as well as issues with respect to slander committed by private individuals
as these issues may only be properly threshed out in the courts of law. The Committee
only conducts investigations of malfeasance, misfeasance and nonfeasance in office by
barangay officials and employees of the city government and the barangays;
WHEREAS, the Chair added that as to the allegation that PB Babao was biased, PB
Babao was only doing his job as the Barangay Captain. The issuance of the Certificate
to File Action is a ministerial act on the part of the barangay in case no amicable
settlement was reached in the conciliation proceedings. Considering that it is an official
act, the same enjoys the presumption of regularity;
WHEREAS, the Chair recommended to close the case considering that the Committee
Committee has no jurisdiction over associations or people’s organizations and that the
actions made by PB Babao does not in any way constitute any malfeasance,
misfeasance or non-feasance of duties which warrant disciplinary actions;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, in view of the
foregoing, the Committee hereby recommends closing Item No. 1297 which pertains to
“Complaint of Frelan-Jan Acedo against Punong Barangay Amado T. Babao of Barangay
Ilang, Bunawan District, Davao City.”.

RESOLVED FURTHER, that the copies of this Resolution be furnished the Barangay
Council of Barangay Ilang, Bunawan District, Davao City, Frelan-Jan Acedo of 26-1,
Juan Luna Ext., Purok 38, Kobbler, Barangay Ilang, Bunawan District, City Legal Office,
City Administrator’s Office, City Mayor’s Office, City Vice Mayor’s Office, Department of
Interior and Local Government and all other offices/ departments concerned for their
information and guidance.

Done this __________________, Davao City, Philippines.

ATTY. ANTOINETTE G. PRINCIPE

Chairperson
Committee on Ethics and Good Government