Over city vehicles: Councilor, 6 others indicted

CEBU, Philippines - A city councilor and six barangay captains in Cebu City are facing charges in court for allegedly refusing to return city-issued vehicles despite a recall order.

Councilor Joel Garganera and barangay captains Ana Tabal of Tagba-o, Rosalita Callino of Buot, Lemar Alcover of Sambag I, Ramil Ayuman of Apas, Phillip Zafra of Tisa, and Yolandito Cagang of Basak Pardo allegedly violated the Revised Penal Code.

Prosecutor Benison Harayo said he found enough grounds to elevate the case against the public officials to court.

“After a thorough evaluation of all the pieces of evidence on record, the undersigned investigating prosecutor finds probable cause to hold respondents for trial for the crimes of Violation of Art. 221 of the Revised Penal Code (Failure to make delivery of public funds or property),” Harayo’s resolution reads.

It was in May 2016 when Councilor Margarita Osmeña served as acting mayor. She recalled all city-issued vehicles for inventory but at least 12 vehicles from the seven officials were not returned by the time the May 24 deadline lapsed.

The vehicles were turned over to the city eventually but on June 20, Osmeña still sued the seven officials.

Reasons

In the counter-affidavit he filed before the prosecutor’s office, Garganera said he was out of the country when Osmeña issued the memorandum. Still, he reportedly instructed his staff to allow personnel of the city’s General Services Office to retrieve the vehicles issued to him.

Cagang, Tabal, Callino and Zafra also said that right after receiving Osmeña’s memo, they immediately informed the GSO that it can retrieve the vehicles anytime.

Ayuman and Alcover, meanwhile, said they failed to return the vehicles on time because Osmeña reportedly did not clarify immediately whether vehicles issued to the barangays were covered by her order.

Expected

The cases against the officials were raffled off to different branches of the Municipal Trial Court.

Garganera said they are ready to post bail once the court issued a warrant of arrest.

“Unsaon namo pag-post og bail nga wala may warrant so it’s up to the court kung mo-issue ba sila og warrant o dili pero ang amo ba, giuli naman ni, failure to make delivery nga dugay naman ni nauli,” he said.

“Ila lang tingali tang gikalingawan. Naa man sila sa poder unya dili man ta nila kaalyado so ila tang gisuwayan og tayhop ba, gisuwayan sad ta nila og hadlok, harassment na gud ni siya pero aw unsa man guy laing kausaban ana nila,” he added.

In a separate interview, Zafra, the president of the Association of Barangay Councils, said their lawyers are now preparing for battle in court.

“Well, mao na siyay regular nga process kung naa ta’y kaso nga atubangon. Mag-depende na lang na sa appreciation sa korte if there is probable cause for them to issue a warrant or not but then among gibuhat karon, amo nang gi-refer sa legal counsel. They are now preparing appropriate action,” he said.

In a press conference yesterday, Ayuman said they expected the development.

“Well, nag-expect nata ani nga napadali lang sukad atong case nga gi-file nato against the mayor last February 20 sa Office of the President, knowing sa trademark ni mayor Tommy nga Tombully na kaayo - kusog kaayo siya mo-bully sa mga negosyante - the more nga kita nga gagmay nga barangay officials,” he said.

On February 20, Ayuman lodged administrative complaints against the Osmeña couple for allegedly reopening the landfill despite several environmental violations. (FREEMAN)