OSMEÑA CDN photo/ Junjie Mendoza
FOR FACILITATING RELEASE OF BUTANE REFILLERS
The violation might be petty but the distribution of butane canisters filled with liquefied petroleum gas (LPG) is illegal and must be deterred.
Because of this, the Department of Energy in Central Visayas (DOE-7) lashed at Cebu City Mayor Tomas Osmeña for allegedly facilitating the release of three persons who were arrested for trading LPG-filled butane canisters.
“That is very unbecoming and uncalled for. The three were arrested for violating a national law and as a public official, he (Osmeña) should set the right example and implement the law,” said Russ Mark Gamallo, DOE-7 legal officer.
DOE-7 and the Police Regional Office-7 (PRO-7) have expressed their support for the plan of the Cebu City Police Office (CCPO) to file charges against Osmeña for the release of the three detainees.
Gamallo said they were only waiting for the official report to be forwarded by the CCPO Station 1 (Parian) before they would decide on the legal move that they would take against the mayor.
“We do not have the report yet but we will look into it once it will be furnished to our office. But definitely, we will back the PNP (Philippine National Police) when they will file the case against the mayor,” Gamallo said.
Gamallo said they only received a phone call from the Parian Police Station informing them that the three butane traders identified as Ramir Amaca, Romeo Appareca and Romeo Cueva have been released past 10 p.m. on Friday after Osmeña allegedly went to the station to “take custody of the detainees.”
Supt. Reyman Tolentin, Public Information Officer of PRO-7, said they were still waiting for the official report of the CCPO before they would decide on what action to take.
What the law says
Under Presidential Decree 1865, “adulteration of finished petroleum products, or possession of adulterated finished petroleum products for the purpose of sale, distribution, transportation, exchange or barter is prohibited.”
Violation of PD 1865 is punishable by two to five years imprisonment and fine of at least P20,000, or both.
Gamallo said Osmeña’s move to take custody of the illegal butane traders could be tantamount to obstruction of justice.
Gamallo added that the proliferation of LPG-filled butane in Cebu City has long been a standing problem of the DOE-7 because of the minimal cooperation of the city government in their efforts to suppress the businesses that trade illegal butane canisters.
“Wala na man mi nangayog support gani ana sa LGU sa Cebu City kay sa una pa man na nga nakahibaw mi nga wala gyod silay initiative to stop the proliferation of illegal butane canisters. Wala pod silay ordinance nga gi-enact,” Gamallo said
(We have not asked for support from the LGU [local government unit] of Cebu City because we know that they never took an initiative to stop the proliferation of illegal butane canisters. It also did not enact an ordinance [to stop the trade])
Gamallo recalled in that later part of 2014, they were approached by Cebu City Councilor Dave Tumulak for the drafting of the ordinance to ban the sale of LPG-filled butane canisters in the city. However, he said, the councilors appeared uninterested because the proposed measure was considered to be anti-poor.
“The idea of apprehending butane traders was very unpopular for them,” he added.
Gamallo said the intensified apprehension of illegal butane traders only happened after Supt. Royina Garma sat as director of CCPO.
“We were glad when she (Garma) became city director because she had a standing order to really apprehend those who will engage in illegal butane trade, the same with what she did when she was in CIDG (Criminal Investigation and Detection Group),” said Gamallo.
DOE-7 has partnered with CIDG-7 to conduct raids in areas where LPG-filled butane canister trading has been reported to be rampant.
Gamallo explained that their going after traders of illegal butane is to ensure public safety.
Unlike the butane gas that originally filled in the canisters, LPG has a different chemical composition that produces more pressure.
LPG is composed of 40 percent butane and 60 percent propane, a combination that can produce pressure that the canister made to contain only butane cannot withstand.
Gamallo said most fires in densely populated residential areas were either started or worsened by exploding butane canisters.
Vested interest?
Cebu City Councilor Joel Garganera also lashed at the mayor for allegedly having a hand in the proliferation of LPG-filled butane canisters in Cebu City.
“It’s business and politics. That only shows that he (Osmeña) is part of that business. Of all the petty violations committed by the people of Cebu, why help butane traders? Because for all I care, he has his vested interest in it,” Garganera said.
According to Garganera, the mayor even used the trading of LPG-filled butane canisters a mode of campaign during the last election.
“We feel for the poor people of the city. Illegal butane canisters are convenient and affordable like a sachet version of LPG in tank. But we cannot sacrifice safety for convenience,” said Garganera.
Osmeña earlier admitted that he helped the three detainees. However, he said, the Parian policemen on duty did not also stop him when he asked that he would take custody of the butane vendors.
“Of course, I was helping them. These are little people who are just trying to make a living of whatever they are selling. They were caught on a Friday and they’re going to be in jail the whole weekend (plus Monday, a holiday),” he told Cebu Daily News over the phone on Saturday.
“You know, I bend the law a little bit for poor people because of mercy. We’re talking about livelihood here. Whatever they are selling, I don’t care because we apprehend them every day through our Probe (Prevention, Restoration, Order, Beautification, Enhancement), but we don’t throw them in jail,” the mayor said. /With Benjie B. Talisic