Village chiefs warn police not to be pushovers
TEN village chiefs warned the Cebu City police that they will file cases against them before the Ombudsman and the courts should they attempt to arrest them on the basis of the carnapping cases filed by Acting Cebu City Mayor Margot Osmeña.
In a letter addressed to Cebu City Police Office Acting Director, Senior Supt. Benjamin Santos Jr., dated June 10, they said that “any arrest effected on us by reason of the carnapping accusations will be illegal and can be used by us for filing suits before the office of the Ombudsman and appropriate courts of law.
The letter was signed by Philip Zafra of Barangay Tisa, Ramil Ayuman of Apas, Rosalita Callino of Buot, Joel Garganera of Tinago, Yolandito Cagang of Basak Pardo, Reynaldo Lauron of Cambinocot, Lemar Alcover of Sambag 1, Alan Masecampo of San Antonio, Ana Tabal of Tagbao and Raquel Avila of Kamagayan.
They said the carnapping cases filed against them have “no legal and factual basis.”
The barangay captains emphasized that no warrants of arrest have been issued by the Ombudsman against them, in connection with the carnapping charges filed by Osmeña against them.
The letter came after the “citizen’s arrest” of Labangon Councilor Rodolfo Tabasa by two employees of the General Service Office (GSO) who were accompanied by four policemen.
Tabasa, who was ordered released by the court on recognizance to his lawyers, filed kidnapping, serious illegal detention and unlawful arrest against Osmeña, the GSO employees and the four policemen before the Visayas Ombudsman.
Defend
Santos Jr. said they will provide lawyers to help the four policemen who are presently assigned at the City Intelligence Branch.
“Kawawa naman. (I pity them). They are just doing their job and yet they were sued. Since a case was filed against them, we have no option but to defend them,” he told reporters yesterday.
Santos maintained that the four police officers did not arrest Tabasa on Friday evening but simply accompanied employees of the General Services Office (GSO) who effected a citizen’s arrest on the councilman.
“Policemen will always be there for peace and order as well as to ensure the safety of those who arrest somebody and the arrested person,” he said.
Supt. Michael Bastes, head of the City Intelligence Branch, refused to reveal the names of the four policemen who accompanied the GSO personnel in arresting Tabasa last Friday.
“I need to protect them. They are my men, so I will help them,” he said.
Bastes clarified that three GSO personnel went to his office last Friday to seek police assistance while the City Hall employees effect a citizen’s arrest on Tabasa.
Based on their assessment, Bastes said there was basis for police to help the GSO employees.
Article 221 of the Revised Penal Code, he said, sanctions any public officer who fails to deliver public funds or property upon demand.
He said they are willing to face the complaint filed by Tabasa.
“Cases filed against policemen are hazards of the job. But we need to do what we ought to do. What is important is we assist those who seek our help,” Bastes said.
He said he already talked to the four policemen and assured them of his support.
“I told them not to fear lawsuits. That’s but natural. And we will answer the accusations before the Ombudsman,” Bastes said.
Political Color
Santos denied insinuations that Cebu City policemen are being manipulated by Osmeña in going after their political opponents.
“Anybody can surmise that the police are being used by politicians. But that is not true,” he said.
Santos said they are willing to enforce the law whoever complains or being complained upon.
Garganera said, “Naluoy sad mi sa mga pulis nga gisugo ra (We just pity the policemen who were ordered) to enforce an unlawful order. Ang amo mga paghatag ra ug kalamdagan kay (We just want to enlighten them that) they should not allow themselves to be pushed around.”
But Santos nonetheless defend the acting mayor who ordered the recall of city-owned vehicles who were entrusted by suspended Mayor Michael Rama to 47 barangay captains and officials.
“Let’s not talk about City Hall here. In the PNP for example, if we’re ordered by superiors to return something, then we comply. What we’re asked to return is government property, not our personal property,” Santos said.
Perhaps, he said Osmeña just wanted to know how many vehicles does the city have.
“When I sat down as CCPO director, I also wanted to know how many vehicles, firearms and other supplies the city police have. As manager, you have to know the number of resources so that if we have limited items, we can do something about it,” Santos explained.
In fact, he said the city police needs seven more vehicles for the Mobile Patrol Group (MPG) which currently has eight.
“I think there should be 15 MPG vehicles. If we have that number, Cebu City will be safer,” Santos said.
Request
According to the barangay captains, they sent a letter to Osmeña asking for reconsideration saying the cars were used for emergency purposes. No response from the latter was received.
But Osmeña said that she already replied the letter, which she sent to the office of suspended Vice Mayor Edgardo Labella.
“I responded. I sent it to Vice Mayor Labella because the letter was from his office,” Osmeña said.
The village chiefs emphasized that no force were exerted in acquiring the vehicles. The cars were released through a memorandum of agreement with the city government, which is legal, they said.
“There is no carnapping to speak of considering that we did not get hold of the service vehicles by means of violence against or intimidation of persons or by using force upon things which an essential elements of the crime,” they stated in the letter.
The barangay captains who signed the letter are known members of Team Rama.
Zafra, together with other 46 barangay captains and officials, are facing criminal and administrative charges before the Office of the Ombudsman for carnapping, malversation of public property, grave abuse of authority, grave misconduct and gross insubordination filed by the acting mayor./With Maurice Jitty Villaester, UP-Cebu Intern
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