Over unreturned city-issued vehicles: Brgy exec arrested

CEBU, Philippines - For failing to turn over his city-issued Toyota Hilux despite the recall order issued by acting Cebu City mayor Margot Osmeña, Labangon Barangay Councilman Rudy Tabasa was arrested by General Services Office personnel in his house past 8 p.m. on Friday.

Tabasa was arrested by virtue of a warrantless arrest, having committed a continuing crime for refusing to deliver a government property under his custody even after being ordered by a competent authority, said lawyer Eleodoro Diaz of the Cebu City Legal Office.

Tabasa is one of the 47 barangay officials sued by Osmeña for failing to return city-issued vehicles in line with her order last month.

In an interview, Tabasa said policemen went to his house and asked him if they could talk because personnel from GSO were looking for him.

The policemen were operatives of the City Intelligence Branch who were only asked to assist GSO personnel, said Senior Inspector Jovito Labra, deputy City Intelligence Branch chief.

Tabasa welcomed the visitors to his house and told the two GSO personnel that the city-issued Hilux was parked in his garage and he wanted to bring them to the garage to see the vehicle.

Tabasa said he tried to persuade them to discuss the matter on Monday since it was already night and the City Hall's offices were closed.

He said that if they were going to get the vehicle he is ready to give it to them any time, however the GSO personnel invited him to come with them to the police station so he agreed.

It turned out that he was brought to the CIB office and was told that he was under arrest.

Labra, however, clarified that it was not the policemen who arrested Tabasa but it was the GSO personnel and they only took custody of the councilman after he was turned over to their office.

After learning that Tabasa was under arrest, his lawyers Ernesto Rama, Benjamin Bongon, Francisco Amit Jr, and Oliver Booc, with Cebu City Councilor-elect Joey Daluz, also a lawyer, filed a petition of release on bail and/or recognizance to the Municipal Trial Court in Cities of Cebu City.

Acting Vice-Executive Judge Pamela Baring-Uy signed the release order under the recognizance of the five lawyers past 1 p.m. yesterday.

Recognizance is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty. The court where the case of such person has been filed shall allow the release of the accused on recognizance as provided herein, to the custody of a qualified member of the barangay, city or municipality where the accused resides, according to Section 3 of the Recognizance Act of 2012.

After the five lawyers waited for three hours at the CIB office Diaz finally arrived and examined the order from Uy. Although he wanted to object to the release of the councilman he said the City Legal will just file a motion for reconsideration.

He said that they are just doing their job and the arrest is legal and there is a jurisprudence to support their argument in court.

After being released yesterday, Tabasa said he was a victim of politics.

"Politika g'yud ni," Tabasa said.

When asked what he will do first he said he wanted to rest after being deprived of it the other night.

"Mopahuway sa ko kay wala pa ko'y tarong tulog sukad pa gabii," Tabasa said.

Tabasa said he did not know the names of the GSO employees but he can recognize their faces. However, a Facebook post by Apas Barangay Captain Ramil Ayuman named the employees as Kenneth Amor and Rafael Cabunilas.

Tabasa said that he is willing to return the Hilux, however he said he did not receive a memorandum from Osmeña. He added the Hilux issued to him in 2013 by suspended Mayor Michael Rama is being used for emergency purposes.

Ernesto Rama said they will meet with the other lawyers to discuss what legal action they could take in the coming days but their priority was the immediate release of Tabasa.

In a phone interview, Osmeña said that she did not give any command to the staff of GSO.

"I did not direct them in fact I found out only on this morning that happened because another reporter from the media reported about it, I did not direct them," Osmeña said.

Commenting on what Tabasa claimed that he did not know about the order to return the city-issued vehicles, Osmeña said, "I was informed earlier today, he did not know about it; I really found it very hard to believe."

GSO special assistant Ronald Malacora was not available for comment as of press time.

When asked if this would be the first of many arrests served to the officials sued by Osmeña, Diaz said he is not at liberty to reveal if more will follow.

“Illegal arrest”

Two councilors-elect in Cebu City, who also happen to be lawyers and member of Team Rama led by the suspended mayor, see the detention of Tabasa as illegal.

Councilor-elect Joy Pesquera said that the actions carried by Osmeña were improper, for the order was taken without the proper charges in court.

"She is just an acting mayor. It's not yet 30 days from the time she assumed office. As of now she cannot perform all the powers of an elected mayor," Pesquera said.

Pesquera added they are filing kidnapping and serious illegal detention charges against Osmeña on Monday.

When asked if she thought the policemen were under the orders of Osmeña, she said she has no idea.

"Maybe the policemen are also trying to be careful fearing that they can also be charged with arbitrary detention," she said.

Councilor-elect Joey Daluz also asked how it could be called as citizen's arrest when in fact the two GSO employees were accompanied by the policemen.

Diaz insists that Tabasa was taken in under a warrantless arrest.

"So if you fail to return the vehicle that means that you continue to violate the law, you can be arrested anytime, anywhere, because that is continuing offense. The nature of the offense is continuing taking into consideration the vehicle itself that can be transported anytime, anywhere, so that's our basis," Diaz said.

Diaz did not give any further statements on what the city will do next as they have to discuss some matters.

"We just exerted our legal remedies available with the city government of Cebu that would just show that we are very serious in exerting the full force of the law," he added.

Aside from filing a kidnapping case, Pesquera added that they are also filing a case against the acting mayor for her failure to respond to the letter of the suspended Vice Mayor Edgardo Labella as well as the letter of Associations of Barangay Council regarding the return of the said vehicles.

The letter was to ask for clarification as to what could be considered emergency vehicles, hence exempted from her order. — Bryner L. Diaz, Farrah A. Cañete, Oliver Julius T. Lape,  Odessa O. Leyson (FREEMAN)