Talisay city village captain caught playing mah-jong faces trial for refusal to aid NBI raiding team
Bulacao barangay captain Raul Cabañero is escorted by a relative to the Talisay City Palace of Justice where charges for obstruction of justice and illegal gambling were filed against him. (CDN PHOTO/LITO TECSON)
The Talisay city barangay captain who allegedly refused to cooperate with the National Bureau of Investigation (NBI) for a drug raid because he was busy playing mah-jong was formally charged yesterday in court.
Raul Cabañero of barangay Bulacao, Talisay City was brought in handcuffs by NBI agents to the Talisay City Prosecutor’s Office at 3 p.m. for inquest proceedings.
He faces three charges.
Bail was recommended at P12,000 for obstruction of justice, P3,000 for violation of Article 233 of the Revised Penal Code (RPC) and P1,000 for illegal gambling.
Cabañero was tight-lipped when reporters asked for him for comment.
“Unya na lang ta mag-storya ana. (Let’s talk about that later),” he said.
His lawyer said the incident arose from “miscommunication”.
“I was told that there was just a miscommunication between my client and the NBI,” Julius Ceasar Entise said.
NBI agents had requested Cabañero to act as a witness in the inventory of seized shabu after the raid was conducted, to fulfill legal requirements.
The barangay captain sent word that he was “too busy”. The NBI waited until sundown then went looking for him. The barangay official was found playing mah-jong in neighborhood store near the barangay hall.
The NBI said another set of charges will also be filed against Cabañero before the Office of the Ombudsman in the Visayas.
“We’ll just have to wait for tomorrow so we can process his bail,” Entise said.
Cabañero, who sits in the Talisay City Council representing the Association of Barangay Councils, was arrested on Saturday.
The NBI arrested 11 people in an alleged drug den in barangay Bulacao, Talisay City and seized 219 sachets of shabu.
Cabañero waived his right to a preliminary investigation prompting Assistant City Prosecutor Benjo Luther Macion to elevate the case for trial.
“Our priority is to post bail in court so my client will be released from detention as soon as possible,” Cabañero’s lawyer Entise said.
Time constraint however, prevented Cabañero from posting bail yesterday.
Under Article 233 of the Revised Penal Code, a public officer “who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service” will be penalized.
‘Busy si Kapitan’
NBI Assistant Regional Director Dominador Cimafranca said they were dismayed over Cabañero’s refusal to act as witness to the NBI’s inventory of drugs confiscated in a raid in his barangay.
The presence of an elected public official is required during the conduct of a raid under Republic Act 9165 or the Comprehensive Drugs Act of 2002.
An amendment to the law mandates that the inventory of the seized items be witnessed “by an elected public official with jurisdiction over the crime scene accompanied by any representative from the media or the National Prosecution Service.”
“We kept asking him to assist us but he refused to deal with us. We waited for him until sundown, but we we’re always told by his representatives that ‘busy si kapitan’ (the barangay captain is busy),’” Cimafranca said.
“We were wondering what was he so busy with so I sent a team to look for him. Eventually, my men found him playing mah-jong,” he added.
In their joint affidavit, NBI agents Larry Dominguez and Agapito Gierran said that a media representative and an officer of the Department of Justice were already present, but they still needed an elected public official as a witness.
“Since the beginnng of our operation in the area, we have asked the assistance of local barangay officials.Despite repeated efforts, Cabañero, to whom he addressed our request, refused without any valid reason,” the agents said.
“Much to our dismay, we saw chairman Cabañero playing mahjong with three others at a sari-sari store beside the barangay road of Bulacao,” the agents said.
Cimafranca said the barangay captain’s arrest should serve as a lesson to all elected officials.
“They should do their duty as mandated by the law,” he said.
A review of records conducted recently by Cebu Daily News showed that 63 percent of drug cases filed with special anti-drug courts in Cebu City ended up either in dismissal or acquittal because of technicalities.
Judges cited the failure of law enforcers to comply with section 21 of Republic Act 9165 or the Comprehensive Drugs Act of 2002 on the “custody, inventory, and disposition of seized dangerous drugs and paraphernalia.”
Under section 21 of the Comprehensive Drugs Act of 2002, “the apprehending team having custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his or her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof.”
Law enforcers said non-compliance with this legal requirement was a major stumbling block in the successful prosecution of drug cases.
They cited the unavailability of public officials, representatives of the DOJ, and the media during the inventory of seized drugs.
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