COUNCILOR TABASA RETURNED HIS VEHICLE/JUNE Labangon barangay Captain Rudulfo Tabasa arrive at the Sugbu South Road Properties (SRP) ground to return his Toyota Hi-Lux vehicle. Last week of friday councilor Tabasa was citizens arrest by employees of the General Services Office (GSO) for not returning his City Hall owned service vehicle .(CDN PHOTO/JUNJIE MENDOZA)
Their numbers are decreasing.
But 12 Team Rama-allied barangay captains led by Association of Barangay Councils (ABC) president and Tisa Barangay Captain Philip Zafra said they were unafraid of getting arrested by police.
Zafra and City Councilor-elect Joel Garganera of Barangay Tinago said they would stand by their decision not to return their city-issued service vehicles even if it meant getting sued or picked up by the police.
The two village chiefs made this stand even after their Team Rama colleague, Rodolfo Tabasa, a councilman of barangay Labangon, was arrested Friday and detained for 19 hours at the Cebu City Police Office (CCPO).
Tabasa returned yesterday morning the city-owned Toyota Hilux issued to him. But hours later, he was named respondent in a complaint lodged before the city prosecutor’s office by Acting City Attorney Leodoro Diaz III for “refusing to return a property upon demand,” a violation of Article 22 of the Revised Penal Code.
Zafra and Ganganera, however, said not even that filing of a complaint against Tabasa could make them turn over the vehicles. Both also denied that they went into hiding to avoid arrest.
“Wala ko magtago, uy. Dili lang gyud ko nila (police) dakpon kay kahibaw sila walay basis ilang pagdakop (I am not hiding. But they can’t arrest me because they know they don’t have legal basis to arrest me),” Zafra said.
Garganera said he could be found in his Tinago residence should police look for him. Zafra said he too can be found in Barangay Tisa.
“As long as there are still barangay officials who have not yet returned their vehicles, kami ni Philip (Zafra) isip mga amahan sa (as leaders of) ABC, we will stand by them,” said Garganera.
Garganera said that he and Zafra will be the last to turn over their city-issued vehicles.
Another barangay captain, Rosalita Callino of Buot Taop, was likewise unfazed.
“Wala koy nakitang rason para kahadlokan sila. Dili ko kasabot nganong ipadakop nila. Ang issue nga wala mana namo angkona ang sakyanan (I do not see any reason for me to get afraid. I do not understand why they would have us arrested. The issue is we never own the vehicles),” said Callino.
But Tabasa said that having spent a night in detention, he no longer wanted to experience the same ordeal again.
But he said he would allow his lawyers to decide whether or not to pursue legal actions against Osmeña and the GSO personnel.
“Kung unsay masabutan sa mga abogado. Murag makasohan gyud na actually. Kay lisod na ilaha ta dad-on unya wa ta kahibawo ipriso na diay ta (I will follow whatever the plans of the lawyers. Actually I think we will file a case. It’s unfair that they just took me to the police not knowing that they will have me detained),” he said.
Government Services Office (GSO) head Ronald Malacora said so far, 12 barangays are yet to return their city-hall issued vehicles, namely, Apas, Buot, Cambinocot, Ermita, Kamagayan, Lorega, Pamutan, Sambag 1, San Antonio, Tagbao, Tinago and Tisa.
Malacora said he was still awaiting instructions from Acting Mayor Margot Osmeña on what to do next.
Osmeña earlier ordered the recall of vehicles issued to barangay officials for inventory.
But 47 Team Rama allies led by Zafra refused to heed her order, which prompted Osmeña to file a complaint of carnapping to malversation of public property, grave abuse of authority, grave misconduct and gross insubordination against the defiant barangay officials before the Office of the Visayas Ombudsman.
The filing of a complaint prompted some of the respondents to return their city-issued vehicle.
Tabasa yesterday delivered the Hilux (SKV 507) to the Sugbu Building grounds at the South Road Properties (SRP), which City Hall used as temporary parking area of the recalled vehicles, and turned it over to GSO mechanic Venesto Elguerra.
“Iuli ko nalang na. Lisud kaayo gidakpan na ta natanggong pa. Iuli na nato para wala na tay obligasyon. Dili na sila ka gukod nato ba (I decided to return it because I spent the night in jail because of it. Now I don’t have any obligation. They cannot go after me anymore),” he said.
Tabasa was arrested close to 9 p.m. on June 10 and was not freed until past 3 p.m. the following day after Team Rama lawyers led by Ernesto “Estong” Rama, went to court to secure his freedom.
The Team Rama lawyers said they would file illegal detention and other charges against Osmeña, Malacora and the two GSO personnel — Kenneth Amar and Rafael Cabunilas — who led the arrest of Tabasa.
Diaz, meanwhile, stressed that the “citizen’s arrest” effected by Amar and Cabunilas was valid as Tabasa’s failure to return the city-owned Toyota Hilux despite the City Hall demand was an offense.
Judge Pamela Baring-Uy of the Municipal Trial Court in Cities Branch 6 ordered Tabasa’s release for failure of the police to file the appropriate charges against Tabasa within the reglementary period. Under the rules, the judge said, “Arresting officers should deliver Tabasa to concerned authorities within 12 hours from the arrest for proper disposition.”
Tabasa, meanwhile, didn’t appear during the inquest proceedings at the Cebu City Prosecutor’s Office yesterday afternoon.
Councilor-elect Joey Daluz III, a lawyer, appeared on Tabasa’s behalf and requested Assistant Prosecutor Rhodna Bacatan, the handling prosecutor, to give them enough time to submit their counter-affidavit.
Bacatan granted the request and gave Tabasa 10 days or until June 23 to submit his counter-affidavit to refute the allegations.