An 82-year-old woman who has dedicated more than three decades of service to Barangay Apas in Cebu City has filed administrative and criminal complaints against village officials, alleging that she was unjustly removed from the Lupong Tagapamayapa, a barangay-based dispute resolution body.
Emily Mendoza Malto accused Barangay Captain Virgil Cabigon and 17 other officials of grave abuse of authority, oppression, discrimination, grave misconduct, violation of due process, and violations of Republic Acts 6713 and 3019. She claims that her dismissal was politically motivated and not based on her age.
In a complaint filed on March 25, 2026, before the Office of the Ombudsman in Cebu, Malto, a widow and longtime community leader from Sitio Anagan, Apas, said she was shocked and humiliated after receiving a Withdrawal of Appointment at her residence on January 26, 2026. This effectively ended her 32 years of uninterrupted service as a Lupon member.
Allegations of Age Discrimination
The notice, signed by Cabigon and concurred in by all members of the Lupong Tagapamayapa, stated that her appointment was withdrawn due to unsuitability by reason of advanced age. Malto argued that the ground for such withdrawal was advanced age, but she remains mentally and critically capable to function. She submitted records showing she remained productive and physically capable of performing her duties.
Malto sought clarification from the Department of the Interior and Local Government (DILG) on whether age can be a valid ground for removal of a Lupon member. She cited DILG rulings stating there is no age limit or requirement for such positions. She also referenced Section 399 of the Katarungang Pambarangay framework, which notes that qualifications for Lupon members do not include a maximum age limit, focusing instead on competence and eligibility criteria.
She added that in other countries, senior citizens continue to serve in similar community or advisory roles as long as they remain capable, citing Singapore as an example. Malto emphasized that there is no age limit for Lupon members under Republic Act 7160, or the Local Government Code and Katarungang Pambarangay rules, which require integrity, impartiality, independence of mind, fairness, and probity.
Long Record of Service
Malto first became a Lupon member in 1993 under the late Barangay Captain Clemente Rosales. She was reappointed in 2007 by former Barangay Captain Ramil Ayuman and again in 2018 by Cabigon himself. She expressed pride in being 82 years old and very productive and useful to society, stating that she is physically, mentally, and emotionally up to the task.
To support her claim of continued capability, Malto attached copies of her daily time records for 2025 and January 2026, as well as monthly accomplishment reports certified by the barangay secretary. She also cited her active involvement in several organizations, including as board director and trustee of the League of Lupong Tagapamayapa Cebu City since 2011, representative to the Cebu City Local Housing Board, representative to the Urban Poor Coordinating Council-North District, and leader of the 93-1 Movement Federation of Homeowners Associations, which comprises 44 groups in Cebu City.
Political Motivation Alleged
Malto argued that her removal was politically motivated. In her affidavit, she recounted an alleged confrontation with Cabigon after a flag-raising ceremony on March 4, 2024, after he allegedly believed she supported another political camp during the October 2023 barangay elections. She stated that the withdrawal of her appointment was politically motivated.
The complaint-affidavit also detailed alleged irregularities in the issuance of the withdrawal order, stating that there was no formal hearing, investigation, or opportunity to respond before it took effect. Malto described the process as railroaded, alleging that signatures of Lupon members were gathered secretly and under pressure.
She said the respondents violated her constitutional right to due process as well as ethical standards expected from barangay justice officials. She emphasized that the Barangay Captain and the Lupong Tagapamayapa are supposed to know the law and serve with integrity, impartiality, independence of mind, sense of fairness, reputation for probity, tact, patience, resourcefulness, flexibility, and open-mindedness, but their acts showed the absence of said qualifications.
Seeking Preventive Suspension and Damages
Malto is seeking the preventive suspension of Cabigon and the Lupon members while the investigation is ongoing, stating that they could influence witnesses and interfere with evidence. She is also seeking moral and exemplary damages, citing serious anxiety, mental anguish, sleepless nights, untold worries, and besmirched reputation.
Named respondents aside from Cabigon include Lupon members Chatch Calderon, Noel Francisco, Aurelio Soleno, Ma. Theresa Trongcao, Jean Jeigger Dano, Wenda Tatlonghari, Cesar Enriquez, Rene Borromeo, Vicente Marasigan, Jonathan Minoza, Henry Estoy, Ma. Jeanipher Gilberto, Patricio Salado Jr., Alejandro Borden, Allan Jose Majait, Maximo Yap Jr., and Reynaldo Hurboda.
