Republic of the Philippines

Caloocan City

Sangguniang Panlungsod
COMMITTEE ON GOOD GOVERNMENT AND JUSTICE

INVESTIGATION REPORT
AND RECOMMENDATION
RELATIVE TO

THE ADMINISTRATIVE COMPLAINT FILED AGAINST PUNONG BARANGAY

NICANOR P. REPOLLO OF BARANGAY 154 THIS CITY BY MR. RICARDO C.
GARCIA DPSTM SOUTH ACTION OFFICER FOR GRAVE ABUSE OF AUTHORITY,
GRAVE MISCONDUCT IN OFFICE AND VIOLATION OF THE GRAFT AND CORRUPT
PRACTICES ACT DOCKETED AS SPAC-0012-0722-011

THE COMPLAINT

The complaint stems from the alleged acts of Respondent Punong

Barangay Nicanor P. Repollo when he cause the implementation of an
allegedly paid street parking scheme along the North Diversion
Road. In addition , thru the orders of the Respondent, the
corresponding walls facing the roadway were painted with the
names and plate numbers of vehicles parked along the Road. It was
also learned by the complainant that the owners of the vehicles were
convinced to sign into a MOA with the parking Operator named as
Barangay 154. Complainant Ricardo Garcia was also able to learn
that said vehicle owners were also charged the amount of a one-time
payment of Three Thousand Pesos(Php. 3,000.00) and One thousand
Pesos (Php 1,000.00) for every succeeding month. Knowing that this
is illegal and irregular, complainant filed this complaint.

. 
THE ANSWER

 On the answer of Respondent, Pb Nicanor D. Repollo, he reasoned out that

the Parking space is part of a Program of the Barangay to instill order and
cleanliness in the surroundings brought about by the construction of the Stage 3
Skyway Project. It was during their Barangay Peoples Assembly, that a Barangay
Resolution numbering 154-002-22 was conceptualized which include among
others the Road Parking scheme. He also reasoned out that the monetary
considerations were donations and not fees being collected to residents. These
funds that will be raised according to respondent shall be utilize to ensure the
completion and sustainability of the clean and green Projects of the Barangay.
Respondent further avers that the City should recognize the efforts of their
residents to ensure order and cleanliness in their surroundings. He also prays that
the complaint be dismiss for being purely lies and fabricated stories which are
self-serving to the personal interests of Complainant Mr Ricardo C. Garcia of
DPSTM South.

FACTS OF THE CASE

The Investigating body conducted a Preliminary Conference on the subject
complaint and made sure that all documents and evidence submitted by both
parties were sworn under oath. It was an established fact that the Complainant
based his actions in compliance to a DILG memorandum Circular order No 2022-
085 ordering LGUs to implement the removal of all road obstructions including
apprehensions of all illegally parked vehicles. It is during one of their operation
that Complainant Noticed that the walls along the NDR are painted with Names
and vehicle Plate numbers (annex A) . Also, some vehicles were parked along the
side of the road of the North Diversion Road, ( annex B and C ) all within the
territorial jurisdiction of Barangay 154 District 1 Caloocan City. When complainant
together with personnel of the DPSTM started to apprehend the vehicles , they
were met by resistance from the residents and owners of the private vehicles .
According to the residents, their vehicles were allowed to park in the said area by
the Barangay. They provided the Team of the Complainant a copy of their
Acknowledgement Payment Receipt ( Annex D) and copy of MOA with the
Barangay ( Annex E” ).

ISSUES and Recommendation

The First issue that would have to be resolved in this complaint is WHETHER OR
NOT it is within the Authority or power of the Barangay to implement a Pay
parking scheme along a public road within its territorial Jurisdiction.

After which, The second issue is.. Are there substantial evidence to prove that
Respondent Punong Barangay committed acts that constitute administrative
lapses during the conceptualization ,coordination ,operationalization and
implementation of the abovementioned parking scheme.

On the first issue, the committee rejected the explanation of Pb Respondent in

his answer and position paper that the Parking scheme is intended to maintain
order and free flow of traffic in their barangay . Simply because allowing private
vehicles along major roads to park are prone to cause accidents and will
obstruct the free flow of vehicles and pedestrian that supposed to be the one
using it. This argument was further assailed when the Department of the
Interior and Local Government issued Memorandum 2022-085 ( annex F)
ordering all LGUS to clear all roads within their territorial jurisdiction of all road
obstructions. In the said memorandum there was a provision indicating that
LGU officials who will not comply with the order will face Administrative
sanctions. Also , Section 127 and 128 (annex G) of the Traffic Management Code
of the City of Caloocan categorically prohibits any forms of obstructions that
hampers the free flow of vehicles in all roads and the same code does not have
a provision that gives authority for Barangays to operate a pay parking scheme
along the road within its territorial jurisdiction . Hence using the Memorandum
and the Traffic Management Code of Caloocan City as basis , the committee
finds that Barangay 154 has no authority to operate a Pay Parking Area along
the road of NDR within its territorial Jurisdiction . Without any cast of doubt and
apprehension, this committee firmly believes that an illegal act was committed
when Respondent Punong Barangay allowed the implementation of the Parking
Scheme along the NDR regardless if its FREE or with a corresponding FEE
involve.

On the Second issue , we find Respondent Punong barangay guilty of

gross negligence when he ignored DILG Memorandum Circular 2022-085
ordering road clearing operations on all forms of road obstructions . The
Committee’s investigation reveals that all Punong Barangays where furnished
with copies of the said Memorandum as confirmed by the Caloocan City DILG
Office .

Respondent Punong Barangay Repollo is not a neophyte Punong

Barangay , he can easily distinguish or differentiate a Barangay RESOLUTION
from a Barangay Ordinance. The Street Pay Parking of Barangay 154 should
have been in a form of an Ordinance and not a Resolution . But since an
Ordinance will need the approval of the Sangguniang Panlungsod before it can
be implemented , Respondent Punong Barangay opted to categorize it as a
Resolution to avoid the provision of the Local Government Code requiring the
review of the said Barangay Ordinance which will surely not pass in the
chamber . He also tried to dilute the essence of a Pay Parking Scheme by calling
the fees as Donations when in fact it cannot be categorized as such considering
that it is not Voluntary in Nature and have a prescribed amount. Our
Investigation also reveals that the amount collected or earned in this Pay
Parking Scheme was not declared as Donations or reflected as part of the
other Sources of Income of the Barangay. The preparation of the Barangay
Budget by respondent in which he alone can be accountable should have
reflected the funds as additional funds of the Barangay . But in the case at hand
,there is non declared , we can therefore assume that graft and corruption is
inevitable in this kind of scenario.

On the charges of Grave Abuse of authority, it is a well-settled issue in

administrative proceedings that abuse of authority is present when a
misdemeanor committed by a public officer, who under color of his office,
wrongfully inflicts upon any person any bodily harm, imprisonment, or other
injuries. It is an act of cruelty, severity, or excessive use of authority. In the case at
hand , the Investigating body finds Respondent Punong Barangay Nicanor Repollo
GRAVELY Abused his authority when Respondent caused the implementation of
an Illegal street Pay Parking scheme which illegally collected Parking fees to his
constituents and later on caused the towing of their vehicles because of road
Obstruction.

On the charges of Misconduct on Respondent Punong Barangay Nicanor

Repollo of Barangay 154.

“Misconduct is defined as a transgression of some established and

definite rule of action, particularly, as a result of a public officer's unlawful
behavior, recklessness, or gross negligence. This type of misconduct is
characterized for purposes of gravity and penalty as simple misconduct.
The misconduct is grave if it involves any of the additional elements of
corruption, clear willful intent to violate the law, or flagrant disregard of
established rules, supported by substantial evidence.” Imperial Jr. v.
Government Service Insurance System, 674 Phil. 286, 298 (2011); Civil
Service Commission v. Ledesma, 508 Phil. 569 (2005).
Because of the Respondents gross negligence he refused to implement DILG
memo Circular 2022-085, flagrantly violated the Caloocan Traffic management
Code and even tried to legalize a street PayParking scheme by calling it a
Resolution for the purpose of evading a Sangguniang Panlungsod review of their
Pay Parking Ordinance . on this we find Punong Barangay Nicanor Repollo GUILTY
on the charges of GRAVE Misconduct.
Clearly, the acts committed by Respondent Punong Barangay
Nicanor C. Repollo by taking advantage of his position as Punong
Barangay is at the receiving end of the Sums of Money collected from
residents for the Pay parking scheme. Since this is not declared as income
or funds sourced from other sources of the Barangay, Graft and
Corruption is inevitable in this set up. Hence, we also find Respondent
Guilty for violating the Anti Graft and Corrupt practices Act.
In the light of the foregoing, it is hereby Recommended to the
Sanguniang Panglungsod that Punong Barangay Nicanor C. Repollo of
Barangay 154 of this city be meted the maximum penalty of Six (6)
months Suspension from office FOR GRAVE ABUSE OF AUTHORITY ,
GRAVE MISCONDUCT AND VIOLATION OF THE ANTI GRAFT AND
CORRUPT PRACTICES ACT in relation to an administrative complaint
DOCKETED AS SPAC-0012-0722-011
Submitted this 5th day of December, 2023.
Signed:

HON. MERWYN LENNON “WIN” C. ABEL

Chairman

HON.TERESITA CERALDE
Vice- Chairman

HON,RAY CHRISTOPHER ADALEM

Member

HON ALEXANDER CARALDE

Member

HON. ARNOLD DIVINA

Member