CADUNGOG, CALUMBA. BANUA, and TUMULAK
THREATENED?
The Cebu City Prosecutor’s Office has decided to let all their prosecutors inhibit themselves from handling the cases filed in connection with the alleged ambush of Tejero Barangay Councilman Jessielou Cadungog, which resulted to the death of PO3 Eugene Calumba, who allegedly attempted to shoot Cadungog.
These cases include the homicide case filed by the National Bureau of Investigation (NBI-7) against Cadungog’s driver William Macaslang Jr., the murder and frustrated murder cases filed by the Criminal Investigation and Detection Group in Central Visayas (CIDG-7) against Macaslang and Cadungog, the cases of physical injury, grave coercion and grave threats CIDG-7 filed against Cebu City Councilor Dave Tumulak, and the attempted murder and illegal possession of firearms against Michael Banua.
The decision of the Cebu City Prosecutor’s Office stemmed from a Motion filed by the CIDG-7 asking for the inhibition of all the prosecutors of that office.
The cases will now be investigated by the Regional State Prosecutor’s Office, specifically Prosecutor Rosemarie Pabatao.
“The cases filed have been forwarded to the regional prosecutor’s office. We do not agree with that actually but there is nothing we could do because there is already an order issued by the prosecutor’s office,” Cadungog’s lawyer, Renato Galeon said in a phone interview.
“We have so much trust in the integrity and competence of the prosecutor’s office but there is nothing we can do about it, they inhibited themselves,” Galeon added.
Lawyer Inocencio De la Cerna, counsel for CIDG – 7, said the reason for the filing of motion for inhibition was due to the presence of a certain “high ranking official” during the CIDG-7’s filing of the case last Aug. 1.
“The CIDG noted that a high ranking official was also there near the cubicle and also made a statement with the media with the incident. The CIDG interpreted it as some sort of pressure,” De la Cerna said in a phone interview.
While refusing to name the official, De la Cerna may have been referring to Cebu City Mayor Tomas Osmeña who accompanied Cadungog during the inquest proceedings and who vowed to protect his ally.
Threatened?
Asked to comment on the inhibition of the Cebu City prosecutors, the mayor said, “I believe the SWAT team planned to swipe Cadungog during the inquest as why would all the SWAT members cover their faces and deploy themselves on all corners of the prosecutor’s office? Col (Royina) Garma was there. Why can’t the mayor be there unarmed?”
Osmeña said a prosecutor was also threatened with harm if she would not inhibit herself from conducting the preliminary investigation.
“The next day I was told that the city fiscal was crying and crying. I tried to find out why. I was told that she got a threat that her children would be slaughtered if she did not inhibit herself. I would like the NBI to conduct a lie detector test on the prosecutors, Garma and myself just to answer the basic question on the threat,” Osmeña told Cebu Daily News in a text message.
Innocent
Despite the decision of City prosecutors, Galeon remained confident they have strong evidence of Cadungog’s innocence.
Cadungog has filed his counter-affidavit and attached a video which would show that he was not in his car at the time of the incident which happened at T. Padilla Extension corner Alviola Street in Cebu City, last July 30.
“We have so much trust of our prosecutors regardless of who will be handling the case,” Galeon said.
PO3 Calumba was aboard a motorcycle, driven by Banua, an anti-crime volunteer. Cadungog’s driver claimed that his car was blocked by Banua and that he saw Calumba draw out a gun, prompting him to shoot him.
Calumba was hit in the armpit, but an autopsy report showed that the gunshot wound was not fatal and that Calumba died of loss of blood.
Banua, who tried to help him, was mobbed by bystanders. Tumulak, who arrived at that time, said he tried to pacify the mob. Banua however claims Tumulak mauled him.
Manifesto
Meanwhile, at least 1,949 residents of Barangay Tejero, signed a manifesto vouching for Cadungog’s innocence, which they sent to President Rodrigo Duterte.
They also said what happened to Cadungog was a “foiled hit, not surveillance” and accused PO3 Calumba of being the hitman.
They also accused Police Regional Director, Chief Supt. Debold Sinas of covering up for Calumba as Sinas vouched that Calumba was on official surveillance operation.