Esgana faces raps over ‘illegal arrest’

CEBU, Philippines — Criminal and administrative complaints were filed before the Office of the Ombudsman-Visayas against Sta. Fe Mayor Jose Esgana for allegedly arresting a barangay treasurer without warrant of arrest.

Barangay Talisay, Santa Fe treasurer Vicente Illustrisimo said the alleged illegal arrest happened during the Barangay and Sangguniang Kabataan elections last month.

Illustrisimo was assisted by lawyer Judiel Pareja in filing the complaints for conduct unbecoming a public officer, grave abuse of authority, grave misconduct, oppression, and violation of Code of Conduct and Ethical Standards for Public Officials and Employees against Esgana.

Illustrisimo said the mayor accused him of intimidating a certain Willy Zonio. It was based on Zonio’s complaint to Esgana that the mayor arrested Illustrisimo and turned over to the police.

Pareja said the arrest was illegal and violation of his client’s Constitutional right.

"A person, who is not a member of the police force or otherwise certified law enforcement office, cannot effect citizen's arrest except when the felony is being committed in his or her presence," Pareja cited in the complaint.

Pareja accused the mayor of concocting false statements to prosecute his client.

In his affidavit, Illustrisimo said he supported the candidacy of incumbent Barangay Captain Adoracion Cabrera against Esgana’s son, Paulo. He denied intimidating Zonio or anyone in Esgana’s camp. On the contrary, it was allegedly Esgana who intimated and threatened them.

He said that on May 14, 2018 at 2 a.m., seven motorcycle riders arrived in the area where they have setup their tent in preparation for the elections. One of the riders allegedly threatened that something will happen if they will not leave the place.

Illustrisimo said that the mayor came at 7 a.m. and confronted him about an alleged threat he made against Zonio.

"He was furious and his finger pointed at me. Thereafter, he said ipa-audit tika ug ang yuta nga inyong napalit nga gitukuran sa barangay hall wala sa proseso. I was so scared because I was surrounded by his goons," Illustrisimo said.

He said the mayor then arrested him and turned over to the police station.

In a statement sent to The FREEMAN, Esgana said he already filed grave coercion charges against Ilustrisimo last May 15 at the provincial prosecutor’s office.

Esgana said they caught Illustrisimo in the act of violating the Omnibus Election Code by harassing and threatening voters to vote against his candidate.

The mayor said Illustrisimo barricaded the only road to and from the polling place of Barangay Talisay. This was, however, denied by Illustrisimo, who claimed that the tent he set up for his grandson’s birthday was not blocking the street at all.

The mayor believes that the case against him was a political ploy.

“It’s (a) political move by filing alleged violation at ombudsman by my political opponents in Santa Fe,” he said. — FPL (FREEMAN)