ITEM NO.

1349

Letter of Complaint of TODA President Rico B. Fortugaliza representing Deca Homes

Phase 3 TODA officers against Barangay Captain Armando C. Abapo and Barangay
Kagawad Eduardo Balaga of Barangay Indangan, Buhangin District, Davao City

Cause of Action: Abuse of Power and Authority

Complainants: December Erispe

Respondent: PB Datu Amado Mansabid

Complaint Filed: April 16, 2021

Answer Filed: August 10, 2021

SUMMARY OF THE CASE:

The complaint was filed by TODA President of Deca Homes Phase 3, Indangan
representing the TODA Officers and members and as a resident homeowner. The complaint
alleged that they went to the Barangay Indangan office in order to request a permission and
approval to “exclusively operate independently in Phase 3 zone and exclude/deny
access/regulate Barangay Indangan Tricycle Operators and Drivers Association (BITODA)
transport group”. This request has been made due to the request of their residents. In fact, a
signature campaign was conducted for this matter.
A meeting was conducted in the Barangay and they aired their problems regarding the
conflict of TODA and BITODA at Deca Homes Phase 3 but BK Eduardo Balaga denied their
request saying that BITODA is the original tricycle operators and drivers’ association
operating in the entire Indangan up to Cabantian. The complainants alleged that BK Balaga
was protecting BITODA because he has many constituents running and operating
in Deca Homes Phase 3 whom are not residents of said subdivision. The complainant
further alleged that BK Balaga deprived TODA the rights to operate at Deca Homes
Phase 3. That PB Armando Abapo likewise did not act on their request despite
asking him for several times.
In Answer, BK Balaga denied the allegation that he is protecting BITODA. He alleged
that he only based his opinion in the existing franchsie of BITODA with authorized route. He
did not defended BITODA despite their alleged arrogant attitude and being violators. That in
as much as TODA has the right to operate at Deca Homes Phase 3, BITODA cannot also be
deprived because of their existing franchise. He further alleged that he did not abuse his
power and authority as public official because he only did his job as required of him
since BITODA is operating based on the existing franchise.

Notes:
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