TALAMBAN barangay captain Dario Arcilla is facing charges of usurpation of authority for allegedly stopping the construction of a house early this year.
He had no right to issue a cease and desist order which halted the construction of the house owned by Beltran Rizon.
“As barangay captain, he had no authority to issue cease and desist orders as this is not among the powers and duties vested in him,” said the resolution approved by Cebu City Prosecutor Nicolas Sellon.
Rizon filed a complaint after the barangay captain issued two cease and desist orders last January 2014 stoppping construction of his house in sitio Nasipit.
According to Rizon, Arcilla did not present any legal basis for it and was prodded by the homeowners’ association which did not want him to construct a house.
He said the acts were “politically motivated.”
Under the Local Government Code, which lists the power, duties, and functions of a barangay captain “the issuance of cease and desist orders is not among them,” said the prosecutor.
Bail was recommended at P10,000 for Arcilla.
The case was filed at the Municipal Trial Court in Cities last Wednesday.