Seven remaining barangay captains give back vehicles

Acting Cebu City Mayor Margarita Osmeña said in her press conference yesterday that she will not withdraw the criminal case filed against the seven village chiefs. (CDN PHOTO/NESTLE L. SEMILLA)

The tug-of-war between Acting Cebu City Mayor Margarita “Margot” Osmeña and village chiefs over city-issued vehicles that had been ordered recalled by Osmeña came to an end yesterday after all seven barangay captains who continued to resist Osmeña’s directive finally decided to return 13 remaining vehicles to City Hall.

But while all vehicles issued to the different barangays are now accounted for, the seven barangay captains may still have to account for alleged violations of the Revised Penal Code for “openly disobeying a directive of a superior in authority” and for “failing to make delivery of public funds or property”, as Osmeña refused to withdraw a criminal complaint filed before the Cebu City Prosecutor’s Office against the seven.

“They’re going to return it pala anyway so why go through all this drama? (I have) No plans (to withdraw) as of now. ” Osmeña said.

Osmeña also refused to withdraw administrative and criminal charges filed before the Office of the Ombudsman against 47 barangay captains and officials for alleged carnapping, malversation of public property, grave abuse of authority, grave misconduct and gross insubordination for refusing to return the vehicles after Osmeña issued the memorandum last May 17.

“It’s not me who filed, it was the City of Cebu. But you know, if you think about it, if you withdraw, okay pala yan (then, it’s okay) they’ll just give it when they want,” Margot said, adding that she will leave the decision to her husband, incoming Mayor Tomas Osmeña.

Barangay Captains Philip Zafra (Tisa), Joel Garganera (Tinago), Ramil Ayuman (Apas), Yolandito Cagang (Basak Pardo), Rosalita Callino (Buot) and Ana Tabal (Tagba-o) sent back their city-issued vehicles to the General Services Office (GSO) motor pool at the South Road Properties (SRP) yesterday morning, while Sambag I barangay captain Lemar Alcover returned service vehicles issued to his barangay last June 22.

Of the seven village chiefs, only Basak Pardo’s Cagang had one issued vehicle to return while the rest had two. The vehicles were mostly vans and pick-ups.

Not afraid

According to GSO head Ronald Malacora, Councilor-elect Joel Garganera called him right after the flag ceremony at City Hall yesterday morning to advise that they had decided to return the vehicles.

Of the six barangay captains who gave back their vehicles yesterday, only Garganera personally delivered those issued to his barangay while the others sent barangay tanods or secretaries.

In a phone interview with Cebu Daily News, Garganera said that the decision to return the vehicles should not be taken to mean that the remaining village chiefs are afraid of the criminal case filed by Osmeña.

“Layo ni sa tinae ning kasoha, uy (This case won’t kill). Carnapping? Was there an intent to gain on our part? Wala. (No). Was there an intent to delay? No. We sent a letter. Was there intent to defy her authority? No. We addressed the letter to her and that is already acknowledged,” he said.

Garganera was referring to a letter sent by the Association of Barangay Councils (ABC) last May 24 addressed to Margot which appealed for reconsideration of the recall order.

The letter, Garganera said, also asked the acting mayor to spare vehicles that were used by mountain barangays in the recall order.

A clarification from the office of the acting mayor was also sought regarding the supposed exemption granted on vehicles that were being used to respond to medical emergencies and peace-keeping operations in the barangays.

“So wala man niya gi-qualify. Kaning among sakyanan moresponde baya ni. Like kani among L300, mohatod ni sa hospital mao ni moadto og korte, moresponde sa mga dunggab diha tanan (She did not qualify. Our vehicles subject to recall were also being used for emergencies. Like our L300, this also services people going to hospitals, going to courts. It responds to stabbing alarms. Everything),” he said.

“How come it’s a luxury? Niingon atong incoming mayor nga luxury vehicles kani. Unsay definition sa luxury vehicles? (Our incoming mayor is saying that these are luxury vehicles. What is his definition of luxury vehicles?) These are utility vehicles,” Garganera added.

As for acting Cebu City Legal Officer Eleodoro Diaz, the act of returning the vehicles will not exempt the barangay officials from any criminal liability, but it will only probably mitigate responsibility.

“The case will proceed regardless of desistance since it’s already of public interest against the people of the Philippines. Not the Cebu City government. Once filed in court, the public interest is already attached to the case. Only the civil aspect can be (subject of a ) compromise,” he said.

Inventory

Of the 548 city-issued vehicles ordered recalled, only about 251 were reissued by the acting mayor to the different city hall departments and some barangays as of yesterday.

GSO records showed that a total of 197 vehicles from the city’s 80 barangays were recalled; while 351 others assigned to the different city hall departments were also returned to the city’s motor pool since May.

Malacora said that most returned vehicles are now in a warehouse though a few are still parked at the Sugbu Grounds in SRP.