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Jasmin U. Labaco- (The Freeman News) Updated February 09, 2010 12:00 AM
CEBU, Philippines - Unlike in her previous arrests, the Regional Trial Court has denied bail to Chueve Lim tagged by police as the “shabu queen.”
Prosecutors yesterday charged Lim and her friend Edna Flores before the court for drug possession and selling. They were caught in a buy-bust operation last February 3 in barangay Basak San Nicolas.
Police said Lim was in possession of 4.89 grams of shabu in big plastic packs and 1.74 grams of shabu in medium plastic packs. She also allegedly sold 4.42 grams of shabu during the buy-bust.
Meanwhile, Flores was charged of selling 0.18 grams of shabu. Prosecutors recommended P200,000 as bail, but she may have to remain in jail owing to the other non-bailable offense.
Lim and Flores are currently detained at the Cebu City Jail.
Under Sec. 5, Art. 2 of Republic Act 9165 or the Comprehensive Drugs Act of 2002, a person who sells, delivers or distributes a dangerous drug, regardless of the quantity and purity involved, faces a penalty of life imprisonment or death, which can be an unbailable offense if evidence of guilt is strong.
It was the fourth time that Lim was arrested on drug charges, police said.
On February 2008, Lim and her friend Grace Alejandrino were arrested by police during a raid at Alejandrino’s home in Quimada Street, barangay Guadalupe.
Lim was allowed to post bail because only less than three grams of shabu was found in her possession.
Alejandrino, on the other hand, was not allowed to post bail after police recovered shabu worth about P1 million from her residence. — Jasmin U. Labaco/JMO (FREEMAN NEWS)
Jasmin U. Labaco (The Freeman News) Updated January 28, 2010 12:00 AM
CEBU, Philippines - A closed door clarificatory hearing on the libel case filed by a former monk against Cebu Archbishop Ricardo Cardinal Vidal was held yesterday at the Provincial Prosecutor’s Office.
The people in the hearing refused to grant any interview and in fact slipped out through the backdoor to avoid the media waiting for them.
Present in the clarificatory hearing were complainant Venancio Cabillon with his lawyer Ivan Herrero as well as lawyers Julius Neri and Joel Ouano representing the Cardinal. They met at the office of Provincial Prosecutor Pepita Jane Petralba.
The clarificatory hearing was held after Cabillon filed a libel case against Vidal and other church officials for allegedly maligning his name when a notice was published in a church newspaper.
Aside from the Cardinal, also charged were Abelio Mangila – also known as Frater Martin Mary – superior of the Monastery of the Marian Shrine in the town of Sibonga; Fr. Marnell Mejia, editor-in-chief of Bag-ong Lungsoranon and Msgr. Cristobal Garcia, the business manager of the paper.
The case stemmed from the publication in the church paper of a notice of disconnection announcing that Cabillon was no longer part of the Marian monks for cause.
When this came out, counter charges have also been filed against Cabillon for allegedly misappropriating funds of his former congregation, alleged acts of lasciviousness, and for allegedly carting away money intended to buy supplies for their monastery in Lindogo, Simala, Sibonga.
There have also been laymen who came forward to file charges against Cabillon for alleged estafa claiming that he demanded money and cellular phone load from a vendor, who plies her trade outside the shrine.
Cabillon has denied the charges and yesterday filed criminal complaints against the prior superior of the Marian Monk Eucharistic Adoration monastery and eight others for allegedly making up charges against him.
Assisted by his lawyers, Cabillon filed before the provincial prosecutor’s office the complaint for falsification of public documents and perjury against Abello Mangila alias Frater Martin Mary, prior superior of the MMEA monastery; Renario Ybañez alias Frater Francis Mary of the Adoration Monastery in Hilongos Leyte; Mario Mulato alias Frater Bernard Mary also of Hilongos; Bonifacio Magtoto alias Frater Joseph Mary; Rene Feleciano alias Frater Mark Mary and Evert Loyd Ugay alias Frater Basil Mary all of Simala, Sibonga.
Three laymen — spouses Francisco and Joan Argoncillo and Pastora Superable, were also included in the complaint for allegedly conniving with the monks in making up the charges against Cabillon. Cabillon alleged that Mangila “In a desperate attempt to divert the issues in the said case, fabricated and filed numerous trumped up cases in collusion and conspiracy with many people who readily follow and accede to his whimsical and capricious schemes.” According to Cabillon, he believes that Mangila is the “instigator, proponent, promoter and supporter of various cases” filed against him. These include Acts of Lasciviousness and estafa.
Mangila allegedly made the first false statement in connivance with Magtoto and Feliciano in his counter-affidavit in the libel case he earlier filed when he claimed to have convened the council in the monastery to decide for his dismissal from the order. Cabillon said it is not true that a meeting or deliberation was held on the issue of his removal because all decisions inside the monastery is made by Mangila alone.
Cabillon also accused Mangila of manufacturing a receipt of the supposed items he delivered to Leyte.
“He falsified the letter that stated I have acknowledged receipt of the various items including the sum of Two Hundred Thousand Pesos,” Cabillon said. He attached in his complaint the result of the handwriting examination conducted by the PNP Crime Laboratory which concluded that his supposed signature in the receipt was forged.
Mangila allegedly used the two monks in Hilongos Leyte to support the “fabricated” estafa case. Cabillon added that the criminal complaint for Acts of Lasciviousness filed by Ugay against him was also another fabrication.
He admitted having a sexual relationship with Ugay, but said what happened to them was a “consensual act.”
Cabillon said it was allegedly Ugay who first seduced him considering the latter’s previous sexual encounters with the other monks. — Fred P. Languido and Jasmin Uy-Labaco/NLQ (FREEMAN NEWS)
Jasmin U. Lambaco- (The Freeman News) Updated February 05, 2010 12:00 AM
CEBU, Philippines - Murder charges were elevated to court against the alleged psychopath accused of beheading a scavenger at the Inayawan dumpsite last January 21.
Edgardo Abangan, an ex-convict, was pointed as the one who beheaded Gaudioso dela Cruz, 49, a resident of barangay Inayawan. Abangan was arrested in sitio Pitogo in the municipality of President Garcia, Bohol after days of hiding.
Dela Cruz’ family reported the victim as missing since January 21. His decomposing body, which also bore multiple stab wounds, was later found inside a sack.
Personnel of the Pardo Police Station went to the house of the suspect in barangay Inayawan last Saturday purposely to place him under arrest, but they later found out that Abangan had left for Bohol.
Coordination between the Cebu policemen and authorities at the Carlos P. Garcia Police Station in Bohol led to Abangan’s eventual arrest in sitio Pitogo, President Garcia town.
Reports had it that Dela Cruz and Abangan were drinking together starting around 9pm until late evening on January 21. The two later reportedly went to an unknown destination.
Separate reports also said Abangan, allegedly a toughie, got mad at Dela Cruz when the victim refused to give him a portion of his earnings. Abangan also earned a living as scavenger at the dumpsite.
Abangan has just been released from detention at the New Bilibid Prison in Muntinlupa City after serving a four-year imprisonment term for a murder case. — Jasmin U. Lambaco/JMO (FREEMAN NEWS)
Jasmin U. Lababo- (The Freeman News) Updated February 01, 2010 12:00 AM
CEBU, Philippines - The Regional Trial Court has sentenced an ex-policeman to life imprisonment after finding him guilty of selling drugs in 2006.
PO1 John Rey Catiri, 34, was arrested with another policeman, PO1 Aldwin Vicada, during a buy-bust operation conducted past 5pm last July 11, 2006, but the court heard his case separately after he requested for a separate trial.
He was arraigned last November 21, 2006 and pleaded not guilty to the charge. Almost five years later, the court ruled he is guilty of the crime.
In his decision, Judge Silvestre Maamo said there was enough evidence to prove that Catiri sold at least 50 grams of shabu to a poseur buyer.
“The said transaction which took place was clearly admitted by accused Catiri when he testified that indeed, he boarded the taxi where the poseur buyer was and asked for money. There he was shown the money placed inside a knapsack which urged him to hand the pack to the poseur buyer,” Maamo said.
Considering that the accused was a policeman by profession, Maamo also said it was impossible to believe Catiri’s assertion that he had no knowledge that the pack he was bringing contained an illegal item.
“He could not insist on his innocence because a person of his profession and training would normally analyze things before doing anything. He should have been curious enough to know what he is told to do,” Maamo said.
PO3 Vilma Abayan, the designated poseur buyer during the buy-bust operation, told the court the buy bust happened inside a rented taxi parked along the road in barangay Mambaling. The taxi was driven by PO2 Joel Taboada.
Abayan said the operation was for a certain “Edmar” with which her colleague, PO2 Stanley Aldemita, had agreed to meet at the parking lot of McDonalds in barangay Mambaling for the delivery of 50 grams of shabu.
Abayan said she was provided with eight P100 bills placed on top of a wad of papers that served as boodle money.
She reportedly waited for the subject at the agreed area and when Catiri approached her moments later and asked if she had the money, she then went back into the cab together with the accused.
Abayan said transaction was subsequently consummated inside the taxi, after which, Catiri was placed under arrest by her colleagues following right behind.
For his defense, Catiri denied involvement in the illegal drugs trade and said he was only asked by Vicada to deliver the pack that contained the shabu to a client.
With Catiri’s statement, Vicada was arrested two hours later at his house in barangay Basak in a follow-up operation by a joint team of the San Nicolas Police and Vice Control Section of the Cebu City Police Office. Vicada, 31, the designated jailer of the San Nicolas Police Station, also denied any involvement in the trade.
Vicada said Catiri was actually the one who used his mobile phone to carry out the latter’s illicit transactions.
Catiri was assigned at the headquarters of the Regional Mobile Group in Sibonga town before he went absent without official leave in 2001 reportedly because of family problems. has gone absent from his job without official leave since 2001.
Senior Insp. George Ylanan of VCS said they were not aware they were conducting the operation against fellow policemen until they learned of Catiri and Vicada’s backgrounds later.
Further in his decision, Maamo said the testimonies of the members of the buy-bust team deserve “full faith and credit” unless there is clear and convincing evidence that they had ill motive against the subject or were not performing their duties properly.
“Obviously, the presumption of regularity in the performance of their uphold duties can be upheld in the case. There was no showing that the arresting officers were impelled with an improper motive. In fact, Catiri was asked if he had any altercation with any of the policeman involved but he answered no,” Maamo said.
“Buy bust operation is a common and accepted mode of apprehending those involved in the illegal sale of prohibited or regulated drugs. It has been proven to be an effective way of unveiling the identities of drug dealers and of luring them out of obscurity,” Maamo added.
Aside from imprisonment, the court also fined Catiri P500,000. — Jasmin U. Lababo /JMO (THE FREEMAN NEWS)
Jasmin U. Labacara (The Freeman News) Updated February 01, 2010 12:00 AM
CEBU, Philippines - Another civil case was filed last Friday against the Sulpicio Lines Inc. in connection with the sinking of one of its passenger vessels off the waters of Romblon on June 21, 2008.
Mylene Taboada, resident of Bagacay, Catarman, Liloan, widow of an oiler who was working for the MV Princess of the Stars has filed civil damages of P2.599 million against the shipping company.
The latest suit was an add up to the more than 70 cases that were filed against the shipping company by the bereaved families of the victims of the tragedy that killed more than 800 people.
Mylene said that her husband, Rodulfo, who worked as an oiler of the ship, had an opportunity to talk to her before the tragedy and was excited to inform her that he is coming with a dress and sandals that he brought for their daughter.
But Rodulfo was no longer able to give his present to their daughter after the MV Princess of the Stars sank in the vicinity of Sibuyan Island in Romblon while super typhoon “Frank” was ravaging the Visayas region.
The widow has asked P2.599 million in actual and compensatory damages and P800,000 in moral and exemplary damages. She is also asking 20 percent worth of attorneys fees.
Named respondents in the suit were Capt. Florencio Marimon, the ship master of the MV Princess of the Stars; Enrique S. Go., SLI president; Eusebio S. Go, executive vice-president; Carlos S. Go, executive vice-president and chief executive officer; Victoriano S. Go, senior vice-president and secretary; Dominador S. Go, 1st vice-president; Ricardo S. Go, 1st vice president and treasurer; Edward S. Go, 1st vice-president, and the directors officers of the shipping firm.
Aside from SLI, two officials and a petty officer of the Philippine Coast Guard are also facing graft and other charges in connection with the sinking.
The Ombudsman’s field investigation office had found ample evidence to pursue the indictment of PCG National Capital Region-Central Luzon district commander Luis Tuazon, Manila station commander Erwin Balagtas, and petty officer Rizalde Sardan for their alleged liability in the maritime tragedy that left some 400 passengers and crewmembers dead.
There were more than 850 people on board the ship, which came from Manila en route to Cebu, when the tragic incident happened at the height of typhoon “Frank” almost two years ago.
Lawyer Persida Acosta, chief of the Public Attorney’s Office (PAO), which is handling the civil cases filed against the shipping company, earlier said the piece meal filing of cases was not deliberate.She explained that it is based on the decision of the Supreme Court that “it is practical and beneficial that there will be no class suit.”
Acosta said that the perished passengers have different circumstances so it is better to file the cases individually.
According to the PAO, it is personally handling the 74 civil cases filed against Sulpicio Lines executives in Manila and Cebu relative to the MV Princess of the Stars maritime tragedy. — Jasmin U. Labacara/WAB (THE FREEMAN)
Jasmin U. Lababo (The Freeman Newspaper) Jan 18, 2010 at 06:06 AM
CEBU, Philippines - Six women from a bogus travel agency were charged for large-scale illegal recruitment before the Regional Trial Court on Friday for allegedly recruiting workers for Dubai despite having no authority from the Philippine Overseas Employment Administration (POEA) to do so.
Erlinda Jayme Jamaldin, Marivic Pondoc, Shawn Pondoc, Eduardina Estrella, Naomi Gloria and Charlotte Sison of EGC Travel Agency were sued by their recruited clients Junalee Formentera, Pinky Orozco, Ernaneta Amisola, Ludivino Companer and Ralph Lomontad before the RTC.
Complainants disclosed that the respondents, without authority from the POEA, recruited them to be deployed as either saleslady or waitress in Dubai.
The complainants said that on December 2007, they were recruited by the six and in consideration of the promised deployment they were asked an amount ranging from P35,000 to P40,000 as placement and processing fees.
They were promised that they will be leaving within a week. But after two months had lapsed, the agency failed to deploy them to Dubai.
The complainants also said that they verified with the POEA and learned that the respondents have no authority to recruit for they have no license coming from the POEA.
Subpoena for the respondents were returned unserved because the travel agency was already closed at that time.
Based on the uncontroverted pieces of evidence, assistant city prosecutor Alexander Acosta has found probable cause to believe that respondents are guilty of the crimes charged the fact that they have no authority to recruit said workers.
On top of the large-scale illegal recruitment charges, five counts of estafa charges have also been filed against the six. — Jasmin U. Lababo/MEEV (THE FREEMAN)
Jasmin Uy-Labac (The Freeman) Updated January 20, 2010 12:00 AM
CEBU, Philippines - A man in possession of a gun was charged before the Regional Trial Court yesterday for violating Comelec Resolution no. 8714 or the Comelec Gun Ban.
Facing charges is Ricky Cabrera Abarca of Concepcion Street, barangay Pasil. He was arrested last January 14 in barangay Suba. SPO1 Roger Sering and PO2 Mark Pateño proceeded to Magsaysay Street that day after they received a call from a concerned citizen about an armed person in the area.
The responding policemen saw Cabrera with the .38 Armscor revolver with two live bullets tucked on his waist, but was forced to arrest him after he failed to show a license for the gun.
Prosecutors recommended a P12,000 for Cabrera’s temporary liberty.
The nationwide gun ban took effect last January 10 and will last until June 9. It is implemented in connection with the May 2010 elections.
The Comelec, however, exempted members of the Citizens’ Armed Forces Geographical Unit (Cafgu) from the ban.
Through Resolution 8742, the poll body decided to allow Cafgu members to carry firearms during the election period since they are auxiliary units of the military, which is also exempted from the gun ban.
The military, for its part, vowed strict compliance to the ban, saying violators within its ranks - Cafgus included - will be dealt with accordingly.
Aside from Cafgu members, also exempted from the gun ban are the Presidential Security Group, Bureau of Fire Protection, security forces of the Optical Media Board, and security personnel of accredited foreign diplomatic corps. – Jasmin U. Labaco/JMO (THE FREEMAN)
Jasmin Uy- Labaco (The Freeman) Updated January 18, 2010 12:00 AMCEBU, Philippines - Cebu Archbishop Ricardo Cardinal Vidal is calling on the multitudes who participated during the last day of the Fiesta Señor to pray for the victims of the earthquake in Haiti.
This as police estimated the crowd who witnessed the festivities of the last day at almost 8 million.Vidal made the call to the thousands of devotees who attended the Mass at the Basilica del Sto. Niño yesterday.“Let us remain faithful in our love of God and in each other and let us reach out to other people afflicted with disasters,” Vidal said in his homily. Yesterday’s Mass was also offered for the victims of the earthquake in Haiti.Tens of thousands are feared dead after a 7.0 magnitude earthquake hit Haiti on Tuesday, knocking down buildings and power lines and inflicting new misery on the Western Hemisphere’s poorest nation.Despite the gloomy weather, thousands of devotees flocked to the Basilica to attend mass as early as 4 a.m.Balloons carrying petitions were sent into the air during the singing of the “Batobalani sa Gugma,” a yearly tradition of the Cebuanos.Meanwhile, police estimated around 8 million joined the festivities yesterday.Police Regional Office-7 chief Chief Supt. Lani-O Nerez made the estimate after personally walking the parade route from 8 a.m. starting from the PRO-7 headquarters and arriving back there at noon.Nerez also went to the Cebu City Police Office along Gorordo Ave. to check the CCTV cameras installed at the Operations Section.Through the cameras, the police can monitor the activities of the crowd and the contingents at Abellana Sports Complex, barangay Carreta, Mango Ave., and at Fuente Osmeña, which are considered to be critical areas.Prior to this inspection, as early as 7 a.m., Nerez went to Fuente Osmeña to check the people including the contingents who were already starting to flock the area.On the way back to the headquarters, they saw a boy seemingly lost. They took the child to the headquarters and fed him. He later walked home.A 10-year-old boy from Opon, Lapi-lapu City also got lost after losing sight of his uncle due to the thick crowd. A six-year-old girl also got lost but was later reunited with her parents.Sr. Supt. Patrocinio Comendador, director of CCPO, said that yesterday’s celebration was generally peaceful. There were pickpocket incidents but no shooting or stabbing incidents reported.Comendador estimated the crowd in the carousel route to have reached to 3.5 to 4 million at the start, which later swelled up to 8 million as the festivities wore on.If police estimates are correct one can say the crowd numbers roughly equal to the entire population of Cebu Province.According to the National Statistics Office, there are now 3.85 million people in Cebu Province, based on the 2007 census.But excluding population figures for the highly-urbanized cities of Cebu, Lapu-Lapu and Mandaue, Cebu Province’s population is 2,439,065 or a growth of only 1.68 percent.The police said there were a lot of local and foreign tourists who came for the occasion yesterday.Nerez said he will deploy another set of the policemen at night especially from the Mobile Patrol Group to guard the party-filled streets.In his inspection, Nerez observed that there was good deployment of police personnel in the different sectors of the city where the parade passed, including the soldiers, medical groups, communicators/radio groups, and other private sectors.At least eight people were victimized by pickpockets in crowded roads in the city.The first to report to Fuente Police, whose jurisdiction was the most critical as most of the people gathered at the Fuente Rotunda, was American Tommy Gene Siler, 70.Siler said along Mango Ave. past 10 a.m. an unidentified woman tried to steal his wallet. He was able to stop her but later realized that his passport was no longer in his pocket.Less than an hour later, Victor Chua, 58, of barangay Guadalupe, reported to the police that an unidentified woman also took his cellphone while he was walking near Mercury Drug in Fuente Rotunda.Ten minutes later, Georg Hellstern, 44, an Austrian, reported that he was about to cross the street when an unidentified person took his wallet from his pocket containing P15,000 cash and various cards.Around noon, Fidel Torres, 61, of Marilao, Bulacan was walking along Osmeña Blvd. in barangay Sambag II when unidentified men stole his wallet, with P4,500 and credit cards, from his back pocket.While taking videos for the Sinulog along the same boulevard, Rolando Mercader, 72, of Basak-Pardo, reportedly lost his wallet containing P600 and various cards 30 minutes later.Another foreigner, Canadian Andre Peter Brunger, 51, reportedly lost his wallet containing P1,500 cash and cards.In the last two incidents, a 16-year-old and a 40-year-old vendor were arrested for stealing a 17-year-old and a 19-year old girl’s cellular phones, respectively.The 16-year-old suspect was arrested after identified by witnesses, while Juanita Cabahug, of Consolacion town, was also detained after allegedly picking up the cellular phone of Katherine Kate Diaz after she dropped it.Cabahug allegedly immediately passed the phone to his 14-year-old son and refused to give it back to Diaz.Sr. Insp. Michael Anthony Bastes, chief of Theft and Robbery Section of the CCPO, disclosed that they have arrested at least five robbers yesterday, two from Manila, one from Bacolod, and another two from Tabunok, Talisay City.Two choppers were in the air yesterday, one from the ABS-CBN which covered the big event, and another from the RBC that spread petals. Both choppers abided by the standard altitude which is 1,000 meters from the ground. — Jasmin U. Lacno and Niña G. Sumacot/BRP (THE FREEMAN)
Jasmin Uy-Labaco (The Freeman Newspaper) Updated January 13, 2010 12:00 AM
CEBU, Philippines - Due to lack of evidence, the Regional Trial Court has cleared two brothers of the electric pilferage charges yesterday.
Jaime Boro and Eduardo Boro were arrested last January 6, 2003 for allegedly stealing electric from the Visayan Electric Company by breaking the seals and detaching the VECO meter unit of their neighbor thereby drawing electric current without the same being registered in the electric meter.
During their arraignment last April 21, 2003, both the accused entered a not guilty plea before the sala of RTC branch 12 judge Estela Alma Singco.
One of the prosecution witnesses testified that the VECO meter was removed from the post and taken down, and its seals were already broken but he failed to prove that it was actually tampered and also failed to identify who did it.
In sum, Singco said that the commission of the crime by the accused could in no way be considered as positive and credible.
“Note that the accused herein are accused of stealing and pilfering electricity per information dated January 7, 2003. It is not merely removing the meter from the post which would suffice for conviction of the accused. It must be positive testimony made by the credible witness in order to attain the level of acceptability and credibility to sustain moral certainty concerning the commission of the crime by the offenders,” Cinco said.
The judge added that the absence of credible direct testimony or eyewitness pointing to the accused as the ones tampering the meter for the purpose of stealing electricity is a strong argument to exculpate them viewed in the light of the following circumstances that there was no ERC report to indicate possible tampering of the subject meter has ever been submitted to the court and that the prosecution witness did not actually witness both accused tampering the subject meter.
Singco said that the accused defense of denial gains considerable strength in the face of the unreliable testimonies of the witnesses regarding the alleged commission of the crime.
During cross examination, Jaime was able to explain that he was merely hired by a certain “Dandan” to fix the lights in his house and that Eduardo, who is a musician by profession, is merely accompanying his brother at the time when they were arrested.
“Even if the court accepts as credible all the testimonies of the prosecution witnesses, it does not rule out the possibility of accused story for there were no other witnesses to their actual tampering of the meter except for their bare assertion of one of the witnesses whose veracity was not even confirmed,” Singco added.
Singco said that the court entertains the possibility of a set up of the accused by Dandan for a reward, thereby creating grave doubts as to the culpability and the court cannot rest easy upon the certainty of their guilt, thus acquitting them of the crime. – Jasmin Uy-Tabaco/WAB (FREEMAN NEWS)
Jasmin R. Uy- The Freeman Updated December 11, 2009 12:00 AMCEBU, Philippines - Two men were charged with murder before the Regional Trial Court yesterday for allegedly killing man who just tried to pacify a quarrel along M.J. Cuenco Avenue seven months ago. Charged before the RTC were Frank James Teehera and Ramon Saraum Jr. over the killing of Edwin Daño. Teehera and Saraum failed to submit their counter-affidavit and evidence to refute the complaint against them, prompting Prosecutor Mario Ley Gidayawan to elevate the charges to court. According to witnesses, Last May 25, John Roldan Jerez, Renato Madrid and Elson Pador were waiting for their order at a burger joint along M.J. Cuenco when a group of Teheera and Saraum suddenly swarmed at them. A scuffle ensued. During the melee, Daño, who tried to pacify, was hit with a rock in the head allegedly by Saraum, causing him to fall to the ground. It was then that Teehera allegedly shot him to death. Because the two respondents were positively identified by the witnesses, the prosecutor said there is a strong evidence to indict them of the crime. No bail has been recommended for the temporary liberty of the accused. — Jasmin R. Uy/LPM (THE FREEMAN)
Jasmin R. Uy- (The Freeman News) Updated December 16, 2009 12:00 AMCEBU, Philippines - Prosecutors yesterday elevated to court charges against a man who was arrested in a buy-bust operation in Tangke, Talisay City for drug possession and peddling.At least 20 packs of suspected shabu were recovered from Roberto Balingit also known as “Ka Pe” who was arrested by operatives of the Regional Operations Group.Police said the sale of illegal drugs is rampant in Tangke and Balingit allegedly was disposing 100 grams of shabu a day.Chief Insp. Romeo Santander, chief of RSOG, said they learned of the illegal drug activities from some barangay residents during a pre-operation report.““PO3 Erwin Gumaguit acted as a poseur buyer during the buy-bust operation and reportedly received a rolled foil worth P800 from Balingit.Twenty more packs of suspected shabu were found when Balingit was frisked.The buy-bust operation was conducted in coordination with the Philippine Drug Enforcement Agency 7 and the Talisay City police.Balingit is currently detained at the headquarters of the Police Regional Office 7. – Jasmin R. Uy/JMO (FREEMAN NEWS)
Jasmin R. Uy- (The Freeman News) Updated December 15, 2009 12:00 AM
CEBU, Philippines - After losing its fight to recover a 1.9-hectare lot in Cebu City which is occupied by a national government agency, Capitol has filed a notice of appeal to the Regional Trial Court that the case may be heard in the RTC for review.
The case has been raffled to Regional Trial Court Branch 16 judge Sylva Paderanga, who also handles a lot of controversial cases.
Capitol lawyer Marino Martinquilla filed the said notice saying that the Capitol does not agree with the decision of Municipal Trial Court in Cities judge Edgemelo Rosales after the latter dismissed their case and declared that the Technical Education and Skills Development Authority still owned the lot.
Rosales of MTCC Branch 8 said TESDA has proven its right over the property by presenting a Transfer Certificate of Title.
“Valid and subsisting title still rests with the defendant and for that cause is entitled to the possession of the contested property,” Rosales said in his order last Nov. 9.
The judge invoked a Supreme Court ruling that “a title, once registered, cannot be defeated by adverse, open, and notorious possession”.
“The certificate of title issued is an absolute and indefeasible evidence of ownership of the property in favor of the person whose name appears therein. It is binding and conclusive upon the whole world. All persons must take notice and no one can plead ignorance of the registration. The best proof of ownership of land is this certificate of title,” the SC said in its ruling in the case of Ricardo Abi-Abi versus Omariah Malawani in 2001.
He, however, dismissed TESDA’s counterclaims for damages.
The TESDA compound in IT Park is the site for training in technical and vocational skills.
It is also located along the busy road intersection of Salinas Drive in barangay Apas and Archbishop Reyes Ave. in barangay Banilad.
The administration of Gov. Gwen Garcia has pursued a policy to recover lots owned by the province in Cebu City for development as economic enterprises.
On Oct. 22, 2008, the Capitol lodged a civil suit for ejectment or unlawful detainer against TESDA, saying TESDA’s stay on the 1.9-hectare property “is greatly prejudicial” to the province’s interest.
The province said it wants to recover the land to use it “for other purposes beneficial to its constituents,” but gave no other details.
Named respondents in the complaint are the TESDA national office in Taguig, Metro Manila, and its regional office in Cebu City that occupies the contested lot known as Lot 915. — Jasmin R. Uy/BRP (FREEMAN NEWS)
Jasmin R. Uy- (The Freeman News) Updated December 14, 2009 12:00 AM
CEBU, Philippines - Four men are facing charges at the Provincial Prosecutor’s Office for allegedly raping a 15-year-old girl in Poblacion, Boljoon last July 20.
Facing charges are Erland “Eric” Vallejos, a certain “Dodong Li”, a certain “Dodong Gamay,” and a certain “Alipio.”
The victim told her parents and the Boljoon police that she was playing “dampa” at a videoke bar with her friend Rannie when Dodong Li came and asked her to go with him to sitio Kalimang located in barangay Poblacion.
Knowing and trusting Li, she reportedly went with the respondent but instead of taking her to sitio Kalimang, the suspect reportedly brought her under a bridge where he allegedly raped her.
After Li was done, Dodong Gamay allegedly arrived and kissed her on the cheek, but the suspect reportedly left when she refused to be kissed. However, Vallejos allegedly followed and also allegedly raped her.
She further alleged that “Alipio” also raped her the following day on July 21 inside the suspect’s house.
The girl, who had just entered Grade 1, is reportedly suffering from mental ailment. She told authorities that she has no permanent home and sometimes lives with her aunt, Erlinda Carabayas, and even at Alipio’s house.
“Wala naman koy Papa unya ang akong Mama naminyo na sa lain, tua sa Mindanao,” she told the police.
A medical certificate attached to the complaint stated that there were “no signs of physical trauma such as ecchymosis, contusions, lacerations or any other significant findings but the girl’s hymen was not intact anymore and there were mild abrasions in her private part.” — Jasmin R. Uy/JMO (THE FREEMAN NEWS)
Jasmin R. Uy- (The Freeman News) Updated November 06, 2009 12:00 AM
CEBU, Philippines - Former Compostela Mayor Gilbert Wagas has been brought before the Sandiganbayan in Manila yesterday morning after he was served a warrant of arrest the other day.
NBI Special Investigator Arnel Pura said Wagas will be brought to the Sandiganbayan to return the arrest warrant against the former mayor.
Wagas was arrested and brought to the NBI headquarters by virtue of a bench warrant issued on July 2, 2003 following his conviction last October 2001 of malversation of public funds before the Sandiganbayan.
The former town mayor was charged of misappropriating P376,618.65 in public funds along with former Compostela Municipal Treasurer Dominador Maravillas Jr. Maravillas was also convicted despite claims that the money was advanced by Wagas and that it never came into his possession.
The former treasurer then filed a civil case against Wagas before the Regional Trial Court in Mandaue City in a reported attempt to escape culpability.
The Sandiganbayan said Wagas failed to show evidence to substantiate his claim that the cash advances he made were covered by a Municipal Council Profession Ordinance.
It meted life imprisonment for the two men. They were also ordered to refund the amount and were permanently disqualified from holding public office.
In a press conference, Wagas blamed the Durano family, one of the most dominant political forces in the 5th District of the province, for his arrest.
“Congressman Red Durano wrote a letter and asked for a copy in the Supreme Court of the case last September 22, but allegedly the court denied the request, dili ko motago, kung sad an pako, ang tawong sad an magtago tago sa kangitngit. Kini akong sakripisyo gamay ra ni ikumpara sa mga giilugag yuta, gipangpriso, kung kinahanglan,” he said.
He surmised that the arrest was politically motivated because he intends to run for congress in the 5th District.
“Dili maayong trabaho kay naa mi pending omnibus motion sa Supreme Court, mura ni sya ug putos sa buwad ning warrant. We will contest this. If I will be detained on the basis of this recycled warrant,” Wagas said.
His lawyer, George Bragat, said that the bench warrant used for his arrest only has a validity period of 10 days.
There should be an application for an alias warrant, one legal item to be confronted by the proper authorities. Our motion has not been treated and disposed of until today.
But Pura said that the warrant signed by Sandiganbayan Justice Gregory Ong remained valid and in fact it was certified true and correct by Executive Clerk of Court III Joffre Gil Zapata of the Sandiganbayan’s fourth division last November 4. — Jasmin Uy/NLQ (THE FREEMAN)
Jasmin R. Uy (The Freeman News) Updated December 08, 2009 12:00 AM
CEBU, Philippines - Prosecutors charged a man with frustrated parricide before the Regional Trial Court yesterday for allegedly trying to kill his wife during a heated argument last November 30.
The couple’s 17-year-old house help who was with the victim at the time of the incident testified that the suspect, Domingo Abapo, 58, arrived at his wife’s restaurant evening of November 30.
The couple reportedly engaged in a heated argument inside the restaurant when Domingo got irked when Maria told him to leave, as she had an appointment with a friend in barangay Inayawan.
Not liking Maria’s tone, Domingo stabbed his wife several times on her arms and neck.
Tanods came to rescue Maria who was then rushed to the Vicente Sotto Memorial Medical Center for treatment.
Prosecutors recommended a bail of P200,000 for Domingo’s temporary liberty. —Jasmin R. Uy/JMO
Jasmin R. Uy (The Freeman News) Updated December 07, 2009 12:00 AM
CEBU, Philippines - A man has been charged for murder before the Regional Trial Court yesterday after allegedly stabbing to death his pal last June 21 of this year.
Formal charges have already been forwarded before the RTC against Pelayo Banggiran of Barili town after he allegedly stabbed dead his buddy, Rufino Mangyan, during a benefit dance.
Prosecutor Petronio Elestrio has recommended the filing of charges against Banggiran after the latter failed to submit countercharges to refute claims that he indeed stabbed his pal in a disco dawn of the said date.
Originally, there were two others who were included in the charges. These were Gaudencio Carpentero and Modesto Navares who both denied that they were the ones who stabbed Mangyan several times.
According to Carpentero and Navares, they were in the said disco when the victim reportedly suddenly stabbed Carpentero, hitting him in the nose.
Carpentero further said that he fainted and when he regained consciousness, he saw Mangyan holding a gun and about to shoot him.
But, he said, he was able to run from the scene. He narrated that he then proceeded to a hospital along with Navares to have his wound treated.
Some of the witnesses pointed at them as part of the stabbing incident but it was stated that Banggiran was the one who stabbed Mangyan first.
Prosecutor Elestrio said that the medical certificate stated that Mangyan was stabbed in the chest which resulted to his instantaneous death.
Elestrio believes that the crime had been perpetrated by a lone perpetrator he suspects to be Banggiran. He then dismissed the charges against Carpentero and Navares saying that there weren’t enough evidence to indict them of the crime.
No bail has been recommended. —Jasmin R. Uy/MEEV (THE FREEMAN)
Jasmin R. Uy and Garry Lao (The Freeman News) Updated September 29, 2009 12:00 AM
Cebu, Philippines- The Cebuanos, who have been spared from the wrath of typhoon Ondoy, are doing their share of offering assistance to our countrymen in Luzon, who have been most affected by the flooding.
The local government units, civic organizations, businesses, and even groups of private individuals are pooling their resources to send immediate aid to Manila and neighboring areas.
Cebu City’s Booths
The Cebu City Government through its Disaster Coordinating Council has put up booths at Fuente Osmeña to receive donations.
Vice Mayor Michael Rama said that the city hopes to send out food, clothing and blankets to the flood victims.
He also encouraged Cebuanos to be prepared for disasters all the time.
Cash Assistance
The Provincial Government will also be giving cash assistance to the affected local government units.
Governor Gwendolyn Garcia said that this is not the first time that the province is doing this.
“It will considerably be higher than what we have given in the past. Its magnitude is unexpected and unbelievable,” Garcia said.
In 2006, Garcia also extended financial assistance amounting to P12 million to victims calamities in Metro Manila, but it was coursed through the Department of Social Welfare and Development (DSWD).
The province also gave out P8 million to four provinces that were badly hit by typhoon Frank last year.
Gov. Garcia explained that she has made it a matter of policy to always reach out to help “our brothers and sisters in need.”
Cebu also previously gave assistance to Southern Leyte during the landslide that buried parts of Guinsaugon, Saint Bernard, and also to typhoon victims in Mindoro.
“I really sympathize with them. I, myself is a chief executive officer so I understand them. This is a way of showing my sympathy and support,” Garcia said yesterday.
Drop Off Points
Those who would like to give donations that drop them off at various locations.
The pre-departure area of the Mactan Cebu International Airport is one of these places.
Staff from the public affairs office of the MCIA will be issuing receipts for the donations.
Radio station Y101-FM has also set up a donation reception counter at the Gaisano Country Mall where a 20-footer container van is being filled up.
Once filled, this van will be brought to Manila by forwarding company 2Go of the Aboitiz group.
Several alumni organizations including those of arch rivals La Salle and Ateneo are also pooling their resources together to offer help.
In the egroups of the two alumni associations, the members are appealing for donations and are coordinating in sending them to Manila.
Media organizations in Cebu are also helping out.
Philippine Airlines (PAL) is also offering to airlift relief goods to Manila for free.
All provincial PAL stations will load on flights bound for Manila any bulk cargo box containing donations addressed to reputable, non-profit, charitable organizations in Manila.
To maximize the cargo load of the aircraft, PAL station heads will be verifying and limiting the contents of the donation boxes to items of value and use, and exclude such donations as expired food and medicines, water, rice (due to weight considerations) and unusable stuff.
Complete information of the consignee organization must be supplied with the cargo box/container inscribed with “care of the PAL Foundation”.
Meanwhile, PAL passengers whose flights were affected by typhoon Ondoy will not be charged any penalties when re booking for the next available flights.
PAL ticket holders with confirmed bookings from September 26 to October 4 will have all penalties waived when rebooking.
Eye-Opener
Police Regional Office-7 director Chief Supt. Lani-o Nerez, who heads the Regional Disaster Coordinating Council is reminding all agencies under the RDCC to step up their monitoring.
Nerez issued this directive so that the agencies would be better prepared for any eventuality.
Sen. Pia Cayetano’s view
Senator Pia Cayetano thanked the Cebuanos for the concerted effort to offer assistance to the typhoon victims in Luzon.
She is filing a bill for an emergency fund to help rehabilitate and neutralize the damage during calamities.
Cayetano was in Cebu yesterday to grace the Barangay Health Workers Summit held at the Cebu Provincial Capitol. — With Mitchelle Palaubsanon and Gabriel Bonjoc/NLQ (FREEMAN NEWS)
Jasmin R. Uy and Mitchelle Palaubsanon (The Freeman News) Updated November 07, 2009 12:00 AM
CEBU, Philippines - Former Mandaue City Mayor Thadeo Ouano and a dozen other people, who were served arrest warrants yesterday in connection with the alleged overpriced decorative lampposts, remain free men after posting bail of P30,000 each.
The Sandiganbayan issued the warrant of arrest against Ouano, 10 officials of Department of Public Works and Highways and two Mandaue City engineers over the allegedly overpriced decorative lampposts bought during the 12th ASEAN Summit in 2007.
But, the accused, who got wind of the warrant dated October 21, had long posted bail even before it was served.
Since they had posted bail, a release order has been issued for their provisional liberty signed by Associate Justice Gregory Ong, the one who issued the warrant.
The others, who were ordered arrested were former DPWH-Central Visayas director Roberto Lala, Assistant Directors Gloria Dindin and Marlina Alvizo, Division Chiefs Pureza Fernandez, Cresencio Bagolor, Agustinito Hermoso, Luis Galang, Restituto Diano, Ayaon Mangis, Marilyn Ojeda and Teresa Bernido.
Also included were Mandaue City Engineer Hidelisa Latonio, Assistant Engineer Gregorio Omo, and Isabelo Braza, the president and chairman of the Fabmik Construction and Equipment Supply Company.All the respondents were charged for violating Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act.
Ouano’s lawyer, Atty. Gloria Dalawampu said that her client and engineers Latonio and Omo were able to post bail yesterday afternoon at the Regional trial Court in Mandaue City.
Dalawampu said that no arrest was made as the already have a copy of the release order.
Atty. Hermoso, on the other hand, who spoke on behalf of the DPWH officials concerned, said that the warrant was served at the DPWH Office yesterday afternoon but they were not arrested because they have already posted bail before the Sandiganbayan last October 26.
Hermoso said that the amount of bail that they posted was the same in the previous graft case filed by the Ombudsman before the anti graft court, which was later dismissed due to lack of evidence. The new warrant of arrest is in connection with the graft case that has been re-filed before the Sandiganbayan by the Office of the Ombudsman in Central Visayas. This was done after COA findings showed that the respondents were directly responsible for awarding the various contracts for the supply of street lighting facilities, testing and commissioning of LED bulbs, traffic signal lantern and other traffic control devices along roads in Cebu to Gampik Construction and Development, Inc. and Fabmik Construction and Equipment Supply Co. Inc.
Documents showed that the total contract price reached P164,524,401.25, an amount beyond the P60 million estimate of the COA and the Office of the Ombudsman-Visayas.
Ombudsman Merceditas Gutierrez filed a total of seven separate criminal cases against 21 people before the Sandiganbayan in May last year.
Each case corresponded to contracts or portions of contracts, which the DPWH executed for the supply and installation of the allegedly overpriced lampposts in Cebu for the 2007 summit.
The procurement process was allegedly in violation of existing laws and the contracts were so worded to benefit the suppliers who were in alleged collusion with DPWH officials and local government people.
Harassment
Lawyer Dalawampu said that her clients felt that “they were harassed” with the issuance of the warrant of arrest.
“This is a new charge coming from an old case,” Dalawampu said.
She explained that the former mayor and two city engineers were already cleared from the case before the Sandiganbayan Fourth Division and it came as a surprise that the Ombudsman charged her clients over a case that was already dismissed.
She added that, previously, the former mayor was charged under Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act Section 3 paragraph (g).
According to the law, among the corrupt practices of public officers under paragraph (g) is by “entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.”
This case, Dalawampu said was already dismissed.
However, Dalawampu said that this “new charge” of the mayor stemmed from this old case wherein it was changed from paragraph (g) to paragraph (e).
Paragraph (e) is “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.”
“There is nothing new. Everything is the same. Except that they changed paragraph g to e,” Dalawampu said.
To recall, the Ombudsman had ordered the preventive suspension of Mayor Ouano and also of Lapu-Lapu City Mayor Arturo Radaza, nine DPWH officials and eight Mandaue City and Lapu-Lapu City engineers when the lampposts controversy broke out two years ago on allegations that the 2,300 lampposts for the 12th ASEAN Summit were “highly overpriced.” — with /NLQ (FREEMAN NEWS)
Jasmin R. Uy- (The Freeman News) Updated November 30, 2009 12:00 AM
CEBU, Philippines - The candidates of the Liberal Party for the top positions of Cebu Province filed their certificates of candidacy (COC) yesterday.
Former Cebu City Councilor Hilario “Junjun” Davide III and Vice Governor Gregg Sanchez went to the Commission on Elections (Comelec) provincial office yesterday to file their respective electoral bids.
Davide, 45, is seeking the gubernatorial post, while Sanchez, 67, is seeking reelection as vice governor.
Only Davide and Sanchez filed their certificates of candidacy for their party.
They said that they would be fielding candidates for other provincial positions.
“What is important now is that we already have a tandem for governor and vice governor,” Davide said.
“We will be meeting our leaders in municipalities. Magpa ila-ila ko sa akong kaugalingon kay majority of the province don’t know me at all,” Davide said.
Davide added that he wants to give the people of the province an option aside from bringing back the “harmonious relationship between the two (Cebu City and province) local government units.”
The top officials of the provincial and city governments have been at odds since the aborted land swap deal that started a few years ago.
Sanchez, on the other hand, said that he is not bothered whoever his opponent from the Once Cebu Party would be.
One Cebu has not yet selected their vice gubernatorial bet yet.
“They have a battery of talents for Vice Governor in One Cebu. I am just waiting for that. I am not moved whether or not my opponent is a very strong bet or not,” Sanchez said.
Davide, son of former Supreme Court Chief Justice Hilario Davide Jr., is a native of Argao, Cebu.
Sanchez on the other hand is from Tuburan.
Aside from Davide and Sanchez, Ariston “Balodong” Cortes III, brother of Mandaue City Mayor Jonas Cortes, has also submitted his COC for congressman for the 6th district. – Jasmin Uy/NLQ (THE FREEMAN)
Jasmin R. Uy- (The Freeman News) Updated November 30, 2009 12:00 AM
CEBU, Philippines - The former monk who has filed libel charges against Cebu Archbishop Ricardo Cardinal Vidal and five others will be seeking help of forensic experts to prove that he is innocent of the charges of estafa that was filed against him.
Venancio Cabillon will be going to authorities after being bombarded with charges before the Provincial Prosecutors Office recently. He has been charged with estafa and acts of lasciviousness by two monks, one of them claiming that Cabillon sexually molested him.
Abelio Mangila, also known as Frater Martin Mary, filed charges of estafa against Cabillon for allegedly misappropriating more than P500,000 worth of cash and assorted items donations for the Monastery of Our Lady in Hilongos, Leyte and for allegedly asking money and a prepaid load for his cell phone from an eatery owner named Pastora Superable.
Superable claimed Cabillon asked for P500 cash for his transportation expenses as he will transfer to another monastery.
Three days after the cash was given, Cabillon sent Superable a text message asking for P60 cell phone load.
Cabillon allegedly claimed the cell phone load would be used to solicit funds from other MMEA benefactors. But the P60 later grew to P1,200 as every three days, Superable said, Cabillion would send her text messages again asking for the same amount.
It wasn't until after two months that she learned Cabillon is no longer connected with the monastery.
But Cabillon denied all these accusation, saying he will prove they are all not true. In fact, one of those from Leyte has filed an affidavit supporting the former monk’s statements.
Cabillon said they will be asking the court to issue an order to ask the monks to hand the original copies of the documents that he allegedly signed to the forensic experts to see if those affixed in the receipts were really his signatures.
Dr. Edwin Fonghe, Cabillon’s keeper, said that he had talked with the ex-monk and said that the latter has been “weary” these days as he is being bombarded with charges. However, he said Cabillon will still continue with the fight.
Fonghe said that if proven that Cabillon was not the one who signed the documents, they will be filing counter charges of falsification of documents and perjury against the monks.
According to him, Cabillon has not remembered signing any document to prove that he got hold of a monstrance and a necklace. He however admitted that Cabillon was made to send monobloc chairs to Leyte. – Jasmin R. Uy/WAB (THE FREEMAN)
Jasmin R. Uy (The Freeman Newspaper) Updated November 26, 2009 12:00 AM
CEBU, Philippines - An amicable settlement is reportedly being eyed to resolve the ongoing conflict between the University of the Philippines in the Visayas – Cebu College and the fire-stricken residents of barangay Lahug.
UP legal counsel Jesus Isidoro Atoc said the university is reportedly exploring areas to settle the issue peacefully. The residents are also reportedly open to the proposal.
“UP is trying to see how they could get a chance of possible settlement. This is an opportunity for both parties to sit down and talk,” Atoc said.
Both parties would reportedly sit down next week at the Lahug barangay hall.
For her part, Lahug barangay captain Mary Ann delos Santos also believes that a dialogue between the two parties will be the best way to address the problem.
Still, Atoc said UPVCC only had to secure the lot as its rightful owner, albeit sympathizing with the residents on the unfortunate incident.
Atoc said the issue would not have reached this far if the settlers had not ignored UP’s previous offer to lease the property.
The university is still open to discussing an agreement for a contract of lease with the settlers.
Atoc also urged city and barangay officials to help in coming up with a reasonable contract of lease.
Atoc said the UPVCC administration is yet to decide on its next course of action after Delos Santos denied their application to fence the property.
He contended that the opposition of the settlers was not valid since UPVCC has no obligation to provide occupants with relocation. City and barangay officials even urged UPVCC to file an ejectment case in court against the settlers.
Delos Santos has criticized the state university for being “insensitive.” She said the university looked like it was taking advantage of the fire that destroyed the homes of her constituents.
UP representatives tried to fence off the land after a fire razed several houses in the barangay this month.
They were, however, stopped by angry residents who wanted to rebuild their houses on the UP-owned lot. - Jasmin R. Uy/JMO (FREEMAN NEWS)
Jasmin R. Uy (The Freeman Newspaper) Updated November 24, 2009 12:00 AM
CEBU, Philippines - Another charge for estafa was filed yesterday against the former monk who filed libel charges against Cebu Archbishop Ricardo Cardinal Vidal and five others before the Provincial Prosecutors Office.
Pastora Superable filed another estafa case against Venancio Cabillon, also known as Frater Paul Mary, before the Provincial Prosecutors Office after accusing the ex-monk of asking her money and mobile phone load credits despite being “disconnected from the monastery.”
Superable in her affidavit said that on January 9, Cabillon came to her store and asked for a donation of P500 saying that he would leave the Marian Monks of the Eucharistic Adoration (MMEA) and would be going to another monastery. She said she gave Cabillon the amount as she believed that it was still part of his mission and that the money would serve to help him in his transportation expenses.
Superable also accused Cabillon that he asked her for load credits for a period of two months which amounted to P1,200.
It was then later that she found out that Cabillon is no longer connected with the MMEA.
“The act of Frater Paul Mary collecting money and load from me with the use of deceit and or abuse of trust and confidence has caused me damage and prejudice,” she said in her counter affidavit.
The case was raffled again to Prosecutor Jerome Abarca who also handled the libel case the ex-monk filed against Vidal.
Earlier, Abelio Mangila, prior superior of the MMEA shrine in Lindogon, Simala, Sibonga town, filed the complaint for estafa against Cabillon before the Cebu Provincial Prosecutors Office. Another Marian monk, who claimed to have been sexually molested twice by Cabillon, also filed acts of lasciviousness against the latter. The 26-year-old monk, whose name is withheld by The FREEMAN, claimed he was sexually molested by Cabillon on December 31, 2008 inside the Marian Monks Monastery, where he was assigned to ring the bell at midnight.
Mangila also charged Cabillon of estafa for allegedly misappropriating more than P500,000 cash and assorted items or donations for the Monastery of Our Lady in Hilongos, Leyte.
Mangila, who is known by his religious name as Frater Martin Mary, said that he entrusted assorted items and cash donations all worth P557,053.50 for their sister monastery in Leyte to Cabillon.
According to Mangila, Cabillon requested for transfer to Leyte after he was allegedly investigated by the MMEA council for violation of his vows of chastity and obedience.
Mangila said he took the opportunity to send donations to their sister monastery in Leyte by asking Cabillon to bring the items since he was going there.
On January 9, Mangila said, Cabillon left for Leyte with P200,000 cash and several items such as monstrance and tabernacle, priest’s stole, gold necklace for the Virgin Mary, camera, karaoke and chairs.
The complainant said he was assuming that the items were delivered to the monastery in Leyte, but the prior superior of the monastery in Leyte, Frater Francis Mary, later denied receiving the items.
Mangila said they were surprised that Cabillon was seen in barangay Labangon, here in the city, asking solicitation few days after he supposedly left for Leyte. – Jasmin R. Uy/MEEV (FREEMAN NEWS)
Jasmin R. Uy (The Freeman) Updated November 23, 2009 12:00 AM
CEBU, Philippines - Not even a heavy downpour stopped yesterday’s celebration of the feast of Christ the King, which was attended by over a thousand devotees.
No less than Cebu Archbishop Ricardo Cardinal Vidal celebrated the mass at the Cebu City Sports Center. With him were Rt. Rev. Msgr. Roberto Alesna, secretary general of the Archdiocese of Cebu and Msgr. Aquilles Dakay, media liaison officer of the archdiocese.
Heavy rains and strong winds disrupted the mass, but devotees remained at the sports center. Church officials, however, had to go down the main stage, which served as the altar, to seek shelter.
In his homily, Vidal urged the faithful “to be truthful and to be prayerful, and to always seek for peace.” Vidal said trustworthiness is what is being needed these days.
“If we want to be blessed and called the children of God, we can be by telling the truth even if others will not…and let us pray for peace. Magmalinawon kita, husto na ang patay ug ang away,” Vidal said.
The Feast of Christ the King was established by Pope Pius XI in 1925 as an antidote to secularism, a way of life which leaves God out of man’s thinking and living and organizes his life as if God did not exist.
The feast is intended to proclaim in a striking and effective manner Christ’s royalty over individuals, families, society, governments, and nations.
After the mass, devotees joined in a procession that carried the Blessed Sacrament to the Cebu Metropolitan Cathedral. The procession ended with a prayer of consecration to Christ the King and Benediction.
The downtown area had to be closed, as the procession passed through Osmeña Boulevard. — Jasmin R. Uy/JMO (THE FREEMAN)
Jasmin R. Uy (The Freeman) Updated November 22, 2009 12:00 AM
CEBU, Philippines - President Gloria Arroyo yesterday graced the launching of the new RORO (roll-on roll-off) ferry route linking Samboan town in southern Cebu to Dapitan City, Zamboanga del Norte at the town’s San Sebastian Port.
Arroyo arrived in Samboan through a presidential chopper from Sibulan in Negros Oriental around 12:30 p.m. Samboan is located 150 kilometers away from Cebu City.
The new RORO link marks another milestone in the Strong Republic Nautical Highway, a priority program of the Arroyo administration that provides for easier transport of agricultural products from farm to market through RORO ports in Luzon, Visayas and Mindanao.
Under the new route, a Lite Shipping Corporation vessel will ply from Dapitan City to Samboan and vice versa. Samboan Mayor Raymond Joseph Calderon said the new port and RORO link will spur more economic activities in the town, thereby providing more jobs.
Lite Shipping president Lucio Lim Jr. said the new route will mean faster and economical way of traveling to Dapitan.
Lim said that travel time from Dapitan City to City usually takes 11 to 12 hours. But with the new route, travel time will be cut to seven hours.
The new route is a major link merging the Central Nautical Highway to the last leg of the Western Seaboard Nautical highway under the Strong Republic Nautical Highway System.
Ongoing works at the San Sebastian Port include repair of existing concrete deck and the construction of a RORO ramp, two berth lamps, two conventional berths, and a parking area.
All works are being undertaken by the Cebu Ports Authority
The port has an area of approximately 920 square meters and is located some 500 meters from the Lite Shipping Wharf. -/LPM (FREEMAN NEWS)
(The Freeman) Updated November 19, 2009 12:00 AMCEBU, Philippines - A dispute over a ceiling fan and a room at the Cebu Provincial Prosecutors Office has resulted to the circulation of a poison letter against provincial prosecutor Pepita Jane Petralba yesterday.The letter, which Assistant Regional State Prosecutor Vicente Mañalac later claimed he authored, was circulated in the different branches in court. It says everything that is happening to him is a result of a “professional jealousy.”Mañalac, in an interview, admitted that he was the one who wrote the letter and even called it his “own newspaper.”But Petralba was seemed not affected at all, saying she does not want to dignify what Mañalac has written and “does not want to give time on these things.”“Daginoton pa na nako siya?” she said explaining that the letter was an offshoot of one of her memorandums asking Mañalac to turn over one of the cubicles of the provincial prosecutors office that he is occupying for the moment for the reason that there are two new prosecutors that were added. Petralba also said that she wants an investigation on the alleged “illegal transactions” using the name of the provincial prosecutor’s office allegedly perpetrated by Mañalac.Petralba has been gathering evidences to prove that Mañalac was indeed issuing subpoenas and summons to debtors of a money-lending company. This, according to Petralba, may be the reason he refused to vacate the place.Mañalac, however, said it is part of the Department of Justice Action Center’s purpose to serve public who need legal assistance and that he even consulted already the head office of DOJAC about it.“She sees it as something illegal because maybe she disagrees with the interpretation of the word public,” he said. Because of the issue, Mañalac has filed an administrative and criminal case last week before the Office of the Ombudsman in the Visayas against Petralba.He cited Petralba for “insubordination, defiance, malicious mischief, unjust vexation” and violating Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.Elpidio Javier, maintenance officer at the Palace of Justice was also charged for allegedly carrying out the order to remove the ceiling fan.Petralba said she decided to remove the ceiling fan after the prosecutor failed to switch it off after office hours. She said this happened for four straight days, which she said was an act of negligence that could start a fire in the building. The old ceiling fan also had to be replaced, she added.When the matter was raised to the attention of Regional Trial Court Executive Judge Meinrado Paredes, the latter ordered security guards to switch off the circuit breakers of offices after office hours as a precaution against accidental fire.Mañalac admitted he forgot to switch off the fan after leaving the office. – Jasmin R. Uy/WAB (FREEMAN NEWS)
(The Freeman) Updated November 19, 2009 12:00 AMCEBU, Philippines - Deputy Ombudsman for the Visayas Pelagio Apostol has denied allegations that he wants to clear Governor Gwendolyn Garcia of any liability on the alleged irregularities in the construction of the multi-million Cebu International Convention Center.Earlier reports said Apostol had disagreed with the Final Evaluation Report prepared by the panel of investigators who looked into the transaction and, instead, allegedly wanted Garcia cleared of any liability. Sources, who asked not to be identified, said Apostol’s position on the issue allegedly has made investigators feel demoralized because Apostol allegedly asked them to “look for evidence that would clear the governor.”But Apostol denied the allegations, saying he had not made any recommendation to clear the governor.The investigating panel has reportedly found basis to elevate the fact-finding probe into a formal criminal and administrative complaint, the same sources revealed. However, instead of coming out with his own ruling, Apostol allegedly opted to elevate the matter to Ombudsman Merceditas Gutierrez in Manila.The same sources said that Apostol was alone in his dissent, saying Ombudsman Director Carla Tanco and Assistant Ombudsman Virginia Santiago agreed to with the panel of investigators composed of Engr. Rod Blazo, Elmer Gutierrez and Joy Dacumos.Santiago confirmed that she and Tanco signed the fact-finding report, an indication that they endorsed the findings. She, however, refused to comment on supposed direction Apostol allegedly wants the investigation to take.The fact-finding investigation on the CICC controversy centered on the alleged procurement law violations Garcia committed when she oversaw the construction of the facility built to house some activities related to the 12th Association of Southeast Asian Summit held here in Cebu in 2007.The Ombudsman opened an inquiry based on media reports, but the same was bolstered by a complaint filed by businessman Crisologo Saavedra who alleged that the project was overpriced because it was subjected to a “split bidding,” a process disallowed by Republic Act 9184 or the Government Procurement Reform Act.Saavedra alleged it was the negotiated bidding that made the cost of the CICC skyrocket from the approved budget of P515 million.The Capitol admitted that it spent P581 million for the CICC, but the figures were challenged when the contractor filed a suit claiming an additional P263,263,261.41 for the unpaid Feb. 21, 2007-billing for electrical and plumbing works and site development structural, civil and agricultural works.The court granted the claim, but only for P257.4 million. Still, it placed the CICC cost at P838.4 million for the building alone. – Jasmin R. Uy/JMO (FREEMAN NEWS)
(The Freeman News) Updated November 18, 2009 12:00 AM
CEBU, Philippines - The court has granted the application of the University of the Philippines Visayas Cebu College for a temporary restraining order for 20 days to prevent previous occupants of its lot in Lahug to rebuild their structures that were burned.
The court has also ordered Lahug Barangay Captain Mary Ann de los Santos to stop preventing the school from fencing the property.
Regional Trial Court Judge Sylvia Aguirre-Paderanga of Branch 16 granted the application of UP and has set a hearing for the application for permanent injunction on November 24.
“TRO is hereby issued, defendant (de los Santos) is stopped from further preventing the plaintiff from taking possession of its property,” Paderanga said yesterday.
But while granting the school’s application for TRO, Paderanga said that the school should still apply for a permit to fence the whole property.
UP, through its counsel Atty. Jesus Isidro Atoc said that UP has already applied a fencing permit at the barangay hall, but this has not yet been acted upon to date.
De los Santos said that she is weighing things already and said that there is a pending opposition to UP’s application by the heirs of Prudencio Magno, another lot owner.
The barangay captain however said that she will abide by the decision of the court.
De los Santos expressed in open court yesterday about her dismay about the way school’s administrative officer Alsidry Sharif dealt with her.
“I felt betrayed. He (Sharif) pretended that he is open for talking and I just read on the paper that they already filed a suit against me,” de los Santos said.
“I was hoping that they will be true to their word especially Mr. Sharif. What they did is a betrayal of trust and confidence I had with him,” de los Santos said.
She maintained her stand that “eviction by fire” is unacceptable.
Paderanga on the other hand suggested that the fire victims, who are settlers of the property, be given enough time until they will find a relocation site.
UPVCC filed last Friday a civil suit against de los Santos to stop her from preventing the university from taking possession of Lot 911-B-2-C-2-E in sitio San Jose, barangay Lahug, Cebu City. The school said the fire victims have been illegally occupying a portion of the university-owned property.
Sharif signed the letter to de los Santos seeking the barangay’s help in securing its property upon the recommendation of the school’s hierarchy and in observance of the university’s policies and rules.
Sharif and de los Santos had a dialogue at the Lahug barangay hall last week. They agreed for Sharif to bring the issue to the higher officials of UP so there will be a dialogue between the university and the displaced families.
The school is claiming ownership of the lot, which is being opposed by the barangay and by the Cebu City government, and attempted to fence the area, only to be stopped by the affected families.
De los Santos earlier said that she is also set to file this week an opposition to the university’s petition for TRO over the lots occupied by victims of last week’s fire in the area.
The barangay, for its part, will be giving housing materials worth P500,000 for the victims.
“We are literally building houses for them. It is our decision to give the housing materials for the victims. I don’t have to ask for the city government as our barangay is independent and autonomous,” de los Santos said.
Families displaced by the fire, however, are appealing to officials to set aside their conflicts for the meantime just so their needs could be attended to. – Jasmin R. Uy/NLQ (FREEMAN NEWS)
(The Freeman News) Updated November 18, 2009 12:00 AM
CEBU, Philippines - One of the nine people accused of hacking the computer programs of a money transfer establishment and amassed huge amount of money was indicted yesterday for syndicated stafa before the Regional Trial Court.
Cebu City prosecutor Nicolas Sellon has found probable cause to indict Mark Tapere Siarot of the crime and recommended a P20,000 bail for his temporary liberty.
Sellon approved the filing of a criminal suit against Siarot and eight other people for syndicated estafa and violation of Republic Act 8792, or the Electronic Commerce Act of 2000.
Siarot, Joevan Estremera, Ryan Lagbo, Juliet Bucles, Arlie Mabalatan, Belmar Anthony Berongan, Charlton Ibonia, Runil Abella and Sofia Cortes were charged after they allegedly hacked the computer programs of a branch of H.L Western Union Money Transfer in Fuente Osmeña and amassed P150,000 in August 2008.
Siarot, a technical staff, and Estremera and Lagbo, the computer programmer and another employee of Western Union, allegedly downloaded the Team Viewer, a free remote access computer program that would provide a medium to control the company’s computers through the Internet, including all the remittances and money transferred to the establishment.
They allegedly made it appear that a certain Nancy Ong had transferred about P150,000 to Ibonia. But Ong was just a fictitious person.
Posing as payee, Ibonia then went to a Western Union outlet at the Robinson’s Place and claimed the amount. – Jasmin R. Uy/LPM (FREEMAN NEWS)
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