Ramon Oñate skips arraignment of criminal cases

Georgina Arevalo to seek issuance of bench warrant against dismissed mayor

Former Palompon Mayor Georgina Arevalo shows a copy of the undertaking and waiver of appearance signed by dismissed mayor Ramon Oñate. | Contributed photo

MANDAUE CITY, Cebu — A mayoral candidate in Palompon town in Leyte province is planning to ask the court to issue a bench warrant against dismissed mayor Ramon Oñate and 13 others for skipping the arraignment on Thursday, April 24, of two criminal cases filed against them.

Oñate and the other respondents are facing charges of malversation through falsification of public documents and violation of Section 3(e) of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act filed before Branch 17 of the Regional Trial Court in Palompon town.

“Mahatagan na siya og bench warrant because tantamount man ni siya sa disrespect nimo sa proceedings sa court nga gipaappear ka unya wa ka ni nganha. Murag wala kay respeto sa pagtawag sa judge. So, I think dapat tagaan gyud ni sila or issuehan gyud ni sila og bench warrant,” Arevalo said.

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(They can be issued a bench warrant because what they did was tantamount to disrespect of the court proceedings since they were asked to appear but did not show up.  It’s a display of disrespect for the judge. So, I think they can be issued a bench warrant.)

A bench warrant is a legal order that is issued by a judge to direct law enforcers to arrest and bring an individual before the court, usually for failing to appear in court, for violating court orders, or for contempt of court.

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Moreover, Arevalo expressed fear that Oñate might flee the country to avoid prosecution.

“If naa siyay capacity to pay his bail, ergo naa siyay capacity to leave the country,” she said.

(If he has the capacity to pay bail, so he has the capacity to leave the country.)

‘Plain and simple politics’

During a speech that he delivered in a recent campaign sortie, a copy of which was posted on his Facebook page, Oñate said that the accusations against him were “plain and simple politics.”

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He asserted that he did not steal government funds and that all the transactions that he entered into during his term in office were in order.

Oñate accused Arevalo of fabricating lies to make sure that he will not win in the May 12 elections. Having him as a candidate for mayor would mean Arevalo’s defeat as shown in the outcome of their first encounter in the 2022 elections, he added.

“Naglaum kami nga mahatagan gyud kami og hustisya.”

(We continue to hope that we will be given justice.)

“Moingon sila nga gipusasan mi, mangapriso mi. Wa mi problema. Mapriso mi o dili mi mapriso, dli mi mahadlok tungod kay wa mi mangawat sa kwarta sa gobyerno,” he added.

(They said that we were handcuff, that we were sent to jail. I do not have a problem with that. Either we go to jail or not, I’m not afraid because I did not steal government funds.)

In the same sortie, Oñate also announced his decision to already withdraw from the mayoral race and instead support the candidacy of his daughter, DM. Both filed their Certificates of Candidacy (COCs) for Palompon mayor in October 2024 against Arevalo.

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Administrative case

Earlier, Ombudsman Samuel Martires ordered Oñate and 10 others dismissed from government service after they were found guilty of grave misconduct and serious dishonesty for the misappropriation of public funds for the purchase of fuel, oil and lubricant for three vehicles that have been decommissioned and were already beyond repair.

The other respondents of the administrative case were Sangguniang Bayan Members Margarito Bensig Jr. Esperanza Sumalinog, Emmanuel Laurente, Consuelo Bonghanoy, Ranulfo Gaspan Sr., Jonathan Yap, and Rene Camposano;  drivers Alfredo Lubiano and Pablo Chavarria; and local legislative staff Debbi Ann Dignos.

What remains pending before the RTC are the criminal cases against Oñate, Bensig, Sumalinog, Laurente, Bonghanoy, Gaspan Sr., Camposano, Lubiano, Chavarria, Dignos, Evanna Kirstie Misagal, William Balasabas and Ranulfo Gaspan Jr.

Arraignment

The respondents were supposed to be arraigned for their criminal cases on Thursday, but did not appear in court.

Arevalo said that skipping the arraignment was also a violation of the undertaking and waiver of appearance that they signed after they posted bail last March 13.

Warrants for their arrest were issued on March 13, which prompted Oñate and the other respondents to post bail of P72, 000 and P90, 000 respectively for each of their cases as they also signed the undertaking and waiver of appearance on the same day.

The undertaking says that it “shall remain enforced at all stages of the case until promulgation of the judgement of the Regional Trial Court.”  It will also require Oñate and the other respondents to “appear before the proper court whenever required by the Court or the Rules of Court, and in case of my failure to appear, a warrant of arrest shall [be] issue against me and my bond shall be confiscated.”

“That my failure to appear at the trial of my case without justification and despite due notice shall be deemed a waiver of my right to be present thereat.  In such case, my trial may proceed in absentia,” read part of the undertaking.

Oñate was represented during the supposed arraignment by lawyer Gerenstein Banzon who told the court that they still had a pending motion to quash information with motion to hold in abeyance further proceedings and formal entry of appearance of counsel for the accused, and the Office of the Ombudsman had yet to comment on the matter.

Judge Dexter Aguilar of  RTC Branch 17 ordered for a reset of the arraignment to June 5 as he also gave the Office of the Ombudsman 5 days to issue its comment on the motion to quash information.

Delaying tactic

Arevalo said the filing of the motion to quash was a “delaying tactic” with hopes that the Oñates will win in the May 12 elections and regain power and control of the municipal government.

“His non-appearance is a delaying tactic kay hapit na baya ang election,” she said.

(His non-appeance is a delaying tactic because the election is really near.)