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 Uy Labacogan- (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 Uy Labacoco- (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 Uy Labacoco 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 Uy Labacman 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)
