“Epal’ complaints against local officials down to the barangay constitute administrative cases and preventive suspension, and must be filed in the proper forum according to Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla.

Remulla recently urged the public to step forward with their complaints against ‘epal’ local leaders who use government-funded projects for their own good. “May mga administrative cases na puwedeng i-file sa kanila at maaring mapatawan from preventive suspension to suspension.”

The DILG said the complaints against erring and ‘epal’ elected and appointed officials of the barangays should be filed in the proper forum as prescribed by Republic Act No. 7160, or the Local Government Code (LGC) of 1991, instituting the protocol in filing complaints for all local government officials, including barangay leaders.

In an interview, DILG-National Barangay Operations Office Director Dennis Villaseñor explained that for elected barangay officials, such as the punong barangay, sangguniang barangay members,and sangguniang kabataan chair, residents are welcome to file their complaints in higher level of governance within the locality.

Section 61 (c) of the Code states that a complaint against any elective barangay official shall be filed before the sangguniang panlungsod or sangguniang bayan concerned. It also underscored that the decision on the complaint shall be final and executory.

The Code also says that if the evidence of guilt is strong, a single preventive suspension can be imposed against the barangay official which can be extended to 60 days.

Villasenor likewise said that possible complaints against barangay officials may be lodged in the Office of the Ombudsman. Section 21 of Republic Act No. 6770 prescribes that the Office of the Ombudsman has disciplinary authority over all elective and appointive officials of the government and its subdivisions, instrumentalities, and agencies, which includes all barangays.

He underscored, though, that complaints against a barangay official must not be filed in both the higher sanggunian and the Office of the Ombudsman, as this may result in the dismissal of the complaint. “Kung nai-file ninyo po sa parehong forum, sa aming pananaw, baka madi-dismiss lang po iyan dahil magiging ‘forum ‘shopping’.”

He added that for the complaint to progress, relevant documentation must be presented to the receiving authority, such as a formal complaint that is substantiated and supported by relevant pieces of evidence.