DILG: Iloilo kagawad keeps post amid stabbing case

By Rjay Zuriaga Castor

The Department of the Interior and Local Government in Iloilo City said the barangay kagawad of Barangay Sta. Filomena in Arevalo can still legally hold his position despite his alleged involvement in the fatal stabbing of a delivery rider, unless a court formally declares his post vacant.

Delivery rider John Robert Sayno, 29, of Barangay Sto. Domingo, Arevalo, was fatally stabbed on May 7, allegedly by Barangay Kagawad Melvin Acebuque and his cohort, Mark Anthony Bañares, who are now at large.

Police are preparing a murder complaint against the two individuals.

DILG Iloilo City Director Oscar Lim stressed that the filing of a criminal case does not automatically remove the kagawad from office.

He said only a court order declaring the position vacant or dismissing him can legally oust him, even if the case proceeds.

“He is still considered the incumbent barangay kagawad. Even if a case is filed against him, it does not automatically mean he loses his position,” Lim explained on Monday, May 11.

Lim said that even if Acebuque is issued a warrant of arrest and detained for failing to post bail, he would technically remain a barangay kagawad, although he would be absent from sessions and unable to perform his duties.

“He is not automatically removed from office unless he is convicted and the court declares his position vacant,” he emphasized.

He also noted that if the kagawad is jailed after being denied bail, he would remain in office but would no longer be able to attend barangay sessions or receive an honorarium.

“Since this is a criminal case, the process is under the court. If there is a warrant, police will arrest him. If the offense is non-bailable or he cannot post bail, he stays in detention until the court decides otherwise,” Lim said.

“Unless the proper court dismisses him from office, he remains a barangay kagawad even if he can no longer perform his duties,” he added.

The DILG chief also clarified that missing three consecutive barangay sessions does not automatically remove an official from office.

“Some people think that if a kagawad misses three sessions, he can automatically be removed. That is only grounds for filing a case,” Lim explained.

Lim also noted that the matter primarily involves criminal liability rather than an administrative offense tied to Acebuque’s official functions as a barangay kagawad.

“I do not think that an administrative case will be filed against him related to the incident. I am not a lawyer but I think what happened is more criminal because it is not his function to stab someone,” he said.

Lim further said an administrative complaint can be filed against the barangay official, but without a complaint, the DILG cannot unilaterally initiate proceedings.

“If no one files a complaint, there is little we can do. The DILG does not directly file cases against barangay officials. We usually implement decisions made by the court or the Ombudsman,” he said.

Meanwhile, Mayor Raisa Treñas-Chu reiterated her call to the Iloilo City Police Office to expedite the investigation to ensure that the suspects are immediately arrested and held accountable.

“Justice must be served for the victim and for the grieving family left behind,” she said.

The city government has also extended assistance to the victim’s family.