Court acquits baragay captain who defied Margot’s memo

CEBU, Philippines — The Municipal Trial Court in Cities has acquitted an opposition barangay captain from the criminal case filed by Cebu City Councilor Margarita Osmeña for failure to return the city-owned vehicles despite a recall memorandum in 2016.

MTCC Judge Monalila Tecson found no sufficient evidence to hold Tagba-o Barangay Captain Ana Tabal guilty for violation of Article 221 of the Revised Penal Code or failure to make delivery of public property.

Osmeña, during her stint as acting mayor in 2016, issued a memorandum directing all barangay captains to return the city vehicles issued to their respective barangay for inventory.

Despite the memorandum, Tabal allegedly refused to return a Foton passenger van and a Hyundai van issued to her barangay, prompting Osmeña to file a case. Tabal denied refusing to return the vehicles.

She testified before the court that when she received the memorandum on May 18, 2016, she told the messenger that they can bring the vehicles with them but they did not.

Tabal said she waited the vehicles to be fetched the next day but nobody came.

"For one to be criminally liable for a felony by dolo, there must be a confluence of both an evil and an evil intent. Prosecution failed to adduce sufficient evidence to prove his element pursuant to Rule 131 of the Revised Rules of Court; hence, the acquittal of Tabal," the court ruled.

The court said that there was no deliberate refusal on the part of Tabal to return the vehicles. In fact, she asked for reconsideration and suggested that the inventory should be done in the barangay instead of turning over the vehicles. The vehicles were finally turned over on June 27, 2016.

Lawyer Rey Gealon said justice is finally served for Tabal.

"The Honorable Court aptly concluded that there was no intention on her part to illegally keep those vehicles under her custody. Early on, we have always believed that evidence was not sufficient to arrive at the necessary proof beyond reasonable doubt for her conviction-as there was hardly an evidence in the first place," he said.

Tabal’s political ally, Vice Mayor Edgardo Labella, welcomed the court decision.

Labella believes that the case was baseless and that there was no malice on the part of Tabal.

"This is a triumph of justice because at the very outset there was no malice, no criminal infraction committed by a poor barangay captain whose intention is to serve her constituency the best of her ability and in accordance of her office," Labella said.

Labella said Tabal has no intention to defy the memorandum. In fact, she wrote a letter stating that the vehicle is used for important purposes.

Osmeña said she accepted the ruling of the court and that she has no intention of seeking for reconsideration.

 "No more na, tapos na. They returned it man eventually, that's the whole point," she said. — FPL (FREEMAN)