Court junks car theft rap vs. brgy chief

THE Municipal Trial Court in the Cities (MTCC) Branch 1 acquitted Tagbao Barangay Captain Ana Tabal from the carnapping charges filed against her by Cebu City Councilor Margarita Osmeña.

In her decision, Presiding Judge Monalila Tecson said the complaints lodged against Tabal did not have sufficient evidence to find her guilty.

“Granting arguendo that Tabal’s actual return of subject vehicles only on 27 June 2016 were suspect in view of the lapse of time from the deadline and /or Osmeña’s denial, this Court finds it reasonably doubtful to consider such delay outright or malicious or prejudicial to public interest,” read a portion of Tecson’s decision.

The court ruled on the case last Sept. 25, 2018.

A member of Tabal’s legal counsel, lawyer Rey Gealon, welcomed the ruling.

“Early on, we have always believed that evidence was not sufficient to arrive at the necessary ‘proof beyond reasonable doubt’ for her conviction — as there was hardly any evidence in the first place,” said Gealon in a statement.

When sought for comment, Osmeña said “she is fine” with the decision of the court.

“That’s fine. That’s the point (of the case). They eventually returned the vehicles,” said Osmeña.

In May 2016, Osmeña, in her capacity as acting mayor, ordered all barangay captains to return city-owned vehicles deployed to them.

She also filed formal complaints to those who initially refused to heed the city government’s orders, which included Tabal and six others.