A repliven case was filed by Barangay Alijis led by its Brgy. Captain Deogracias Dela Vega against four former officials of the barangay for their alleged unjustified refusal to turn over forms, properties and records to their successors.

Dela Vega was authorized by the Sangguniang Barangay of Alijis to file the case against former Alijis officials, Barangay Captain Pepito Malapitan, Treasurer Cecilia Conta, Secretary Marites Regalado and SK Chairman Kay Malapitan before the Regional Trial Court.

In his complaint, De la Vega said that upon the expiration of their term, it is the obligation of the defendants to turn over the forms, properties and records to their respective successor based on Department of Interior and Local Government Resolution of Sept. 21, 2007 and Bacolod Sangguniang Panlungsod Resolution No. 457, Series of 2007.

Dela Vega said that without any justifiable cause or reason the defendants, despite demands, have adamantly refused to turn over the forms, properties and records to their successors – himself, Treasurer Johanna Punay, Secretary Enriquito Cobrado and SK Chairman April Lynn Vargas – which has caused them extreme difficulties in carrying out their respective duties and responsibilities.

Among these items, he said, are an egg machine, 100 pieces plastic chairs, sound system, 100 pieces Spalding basketballs, five units sewing machines, six handset radios, used and unused official receipts of the barangay, bank records with Landbank and used and unused checks, records and office equipment of the SK.

The plaintiff asked for a repliven bond of P700,000 which is double the value of the property amounting to P350,000.

The defendants are asked to pay Dela Vega P100,000 in moral damages and 100,000 in exemplary damages, as well as, P25,000 as attorney's fees and P2,000 for every hearing of the case as appearance fee of counsel for the plaintiffs.

Dela Vega is represented by Adoniram Pamplona.

Meanwhile, former Alijis Barangay Captain Pepito Malapitan yesterday said his treasurer Cecilia Conta has already turned over everything to the new barangay officials. He said the bank checks of the barangay would become useless to him because he could no longer use them after his term ended last Nov. 30, 2007 and the Commission on Audit will also stop it.

He said he has not yet received a copy of the complaint and knew about it only yesterday.

What he has received from the lawyer of Dela Vega was only a request to turn over the properties, Malapitan said. There was no demand letter or follow-up letter after that, he said.

Malapitan said the 100 plastic chairs owned by the barangay are kept in the Purok Olympia gym since there is no room in the barangay hall to keep them. He said he already told his treasurer to ask the incumbent officials to get the chairs but until now they have not picked them up.

He believes everything is politically motivated, and that the barangay captain was ill-advised, Malapitan said.

If they are charging him P100,000 in damages, he will be filing counter charges against the plaintiffs and will ask them to pay P1 million in moral damages for marring his reputation and that of his family, especially since his children are all professionals.*CGS

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