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Query: Barangay leaders, including kagawad, should be
righteous and responsible individuals, models of honesty and
integrity. The idea came to my mind after an ungrateful kagawad,
refused to vacate our premises after decades of free occupancy,
without any written contract. My late wife allowed him and his
family to occupy the servants quarters within our lot without paying
any rental. Now that my children want to occupy said premises, he
refuses to vacate the same, claiming that he cannot be driven away
until his grandchildren finish college. Worse, he does not offer to
pay rent. My children badly need the subject premises to enable
their kids to study in the city. What action can I take against the
ungrateful and insolent kagawad?-Primo Sordan
Reply: You have all the right, as
owner, to drive away the ungrateful and irresponsible kagawad from
your premises. The generosity of your late wife to allow him and his
family to stay in your place without paying rent did not constitute
a contract of lease, for it did not bear your conformity. You can
file an action for ejectment. Such action, however, must start at
the Lupon Pambarangay in your community. To obviate any possible
influence which may be employed by your kagawad on the members of
said body, I wish to describe the procedure for amicable settlement
under the Katarungang Pambarangay Law (Republic Act No. 7160), to
wit:
—Upon payment of the
appropriate filing fee, any individual who has a cause of action
against another individual involving any matter within the authority
of the lupon may complain, orally or in writing, to the lupon
chairman of the barangay.
—Upon receipt of the complaint,
the lupon chairman shall within the next working day summon the
respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for a mediation of their conflicting
interests. If he fails in his mediation effort within 15 days from
the first meeting of the parties before him, he shall forthwith set
a date for the constitution of the pangkat.
—While the dispute is under
mediation, conciliation, or arbitration, the prescriptive periods
for offenses and cause of action under existing laws shall be
interrupted upon filing of the complaint with the punong barangay;
The prescriptive periods shall resume upon receipt by the
complainant of the complaint or the certificate of repudiation or of
the certification to file action issued by the lupon or pangkat
secretary: Provided, however, that such interruption shall not
exceed 60 days from the filing of the complaint with the punong
barangay.
—The pangkat shall convene not
later than three days from its constitution, on the day and hour set
by the lupon chairman, to hear both parties and their witnesses,
amplify issues, and explore all possibilities for an amicable
settlement.
Besides ejection, that
irresponsible and ungrateful kagawad can be held civilly, criminally
and administratively liable.
Above all things, let us reflect
on the following statement of our Lord and Master Jesus Christ: “I
assure you that those who declare publicly that they belong to me,
the Son of Man will do the same for them before the angels of God.
But those who reject me publicly, the Son of Man, will also reject
them before the angels of God.” (Luke, 12:8-9)
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