Barangay captains are liable for mass gathering violations- Año
By Chito Chavez
The investigation conducted on a barangay captain following the mass gathering in a resort in Caloocan City is a proof that barangay officials are accountable for the breach of the implementation of the health safety protocol in their areas of jurisdiction, Department of the Interior and Local Government (DILG) Secretary Eduardo Año said on Monday, May 11.
Being Davao City mayor for 23 years, Año said the President made it clear that it is impossible for barangay officials to be clueless on the activities or events happening in their jurisdiction.
The DILG chief disclosed that errant barangay officials may face charges where violation of Republic Act (RA) 11332 or Article 208 of the Revised Penal Code may be used against them.
Enacted in 2019, RA 11332 is also known as the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act.
Article 208 of the Revised Penal Code states that the penalty prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.
With regard to the Gubat sa Ciudad Resort incident in Caloocan City where hundreds were seen in the swimming pool of the recreation place, Año said that Mayor Oscar Malapitan is now leading the investigation with the support of the local police.
He said that charges are expected to be filed against the resort owner and barangay officials for negligence while the civilians who went swimming will be traced by the city government for coronavirus disease (COVID-19) testing.
Año added that the concerned barangay captain where the Caloocan City resort is located need not to explain to the DILG since the city government and the PNP are conducting the investigation which will be sufficient when the report is submitted to the department.
In another incident in Quezon City, residents of Barangay E. Rodriguez urged the city government, the PNP and the DILG to conduct an extensive probe where 10 persons were arrested at the Barwen Resto Bar for violation of the liquor ban, prohibition on mass gathering and illegal gambling at 5:40 a.m. of May 9.
Records listed the name of Alvaro Bacay Bacsa as the one who obtained the barangay business clearance whom Barangay Captain Marciano Buena-Agua later identified as a kagawad (village councilor) of the said barangay. (Chito A. Chavez)