ARTA files complaint vs. barangay head for 1-year inaction on clearance request

The Anti-Red Tape Authority (ARTA) filed a complaint on Monday (May 31) before the Office of the Ombudsman against a barangay chairman in Caloocan City for his year-long inaction on a businessman’s request for a barangay clearance.

ARTA identified the barangay chairman as Jose C. Ramirez of Barangay 186, Zone 16 in Caloocan City.

According to the Authority’s endorsement of the complaint dated May 26, businessman Franklin Fernandez requested for a barangay clearance at the barangay office on January 17, 2020 as one of the requirements to renew his mayor’s permit.

A certain “Gemma,” a staff of the barangay, told him that he should first secure a barangay business clearance and pay P1,000 for the barangay business tax.

Fernandez argued that his business is not under the taxing power of the barangay, but the barangay staff remained firm on the additional requirements.

The businessman also noted that there was no Citizen’s Charter indicating the additional requirements posted outside the barangay office.

On January 18, 2020, Fernandez wrote to Ramirez to clarify the matter but the chairman did not respond even after the deadline for the renewal of mayor’s permit on January 20, 2020.

After the complainant complied with the additional requirements, Gemma said that his barangay clearance would be released on January 21, 2020.

Fernandez personally went to the barangay office on the said day only to be given his barangay business clearance, barangay business plate, and official receipt—none of which he requested for.

To date, the businessman has yet to be issued the barangay clearance or even a response to his letter to the barangay chairman.

The Authority sent Ramirez a Notice to Explain and Order for Submission of Counter-Affidavit, but has yet to receive a response from Ramirez.

ARTA recommended that Ramirez be held liable for violation of Section 21, paragraphs (b), (c), (d), and (e) of Republic Act No. 11032 or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018; Section 5 (a) of R.A. No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees; and Section 3, paragraphs (e) and (f) of R.A. No. 3019 or the Anti-Graft and Corrupt Practices Act.

The Authority also recommended that Ramirez be preventively suspended pending the investigation of his case. (ARTA) -jlo

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