Ombudsman director Edgardo Canton ordered the immediate filing of the information of the case for violation of Section 7 of the Republic Act 6713 otherwise known as the Code of Conduct for Public Officials and Employees against Jail officers 1 Eiveht Sy and Menchu Landero before the court after they refused to avail of their right to a preliminary investigation.
Canton said that the violation of R.A. 6713 is the appropriate charge to be filed against the two BBRC guards and not violation of Article 210 of the Revised Penal Code or direct bribery as charged by the National Bureau of Investigation. The anti-graft office has recommended P10,000 bail for each of the accused.
Canton said, the administrative aspect of the case, which might cause the dismissal of the two jail guards if found guilty, will be forwarded to the Ombudsman for the military.
Sy and Landero were arrested in the act of receiving money from a supposed visitor during an entrapment operation conducted by the NBI last Monday afternoon.
Arsenia Abines, 40, of barangay Ermita, sought the NBI's assistance after the jail guards at the BBRC demanded P255 from her allegedly as "tax" for the grocery items she wanted to bring to her husband inside the jail to be sold to other inmates. An entrapment operation ensued.
The two guards however said that they were just following orders from their superiors as the funds collected will be used to buy office supplies and for the allowances of the jail guards escorting inmates for court hearings, which was vehemently denied by BBRC assistant jail warden Reynante Rubio.
Rubio challenged the two jail guards to divulge the names of their superiors, who allegedly ordered them to collect "taxes" from all items intended for sale inside the city jail.
In an interview with reporters yesterday, Rubio said the Intelligence and Investigation section of the Bureau of Jail and Management Penology-7 will conduct an investigation to determine, who are the officials behind the alleged "tax collection."
BBRC warden Teofilo Labating has inhibited from conducting the investigation.
Rubio said he already talked with Sy and Landero hours after their arrest and challenged them to name the "superiors" they were referring to.
He denied that there was an order coming from Labating for the jail guards to collect money from the visitors. Rubio added that BJMP-7 provides them funds for office supplies.
Rubio said that he believes that there might be some officers, who gave such orders. The BJMP-7 will not only be limited to BBRC officials, but will also include all its personnel.
He said that he was shocked when the NBI personnel conducted an operation that day because he just recently called the attention of the members of the searching team after receiving reports that some visitors were not subjected to a body search.
He said that he even warned them during the meeting about accepting bribes from visitors or else he will personally arrest them.
SJO3 Arnel Jayme, the investigator tasked by BJMP to conduct its probe, said that once these two women guards are able to post bail for their case, they will be temporarily relieved from their post and assigned to their regional office pending the resolution of their case.
Rubio also said yesterday that they have also temporarily stopped the selling of goods inside the city jail and will have to wait for the recommendation of the BJMP-7 if they would allow such practice again.
Jayme, however said yesterday that in the course of his investigation, he received a manifesto from the inmates stating that it was their suggestion to collect money from those who wanted to sell food items so that these can be used once a fellow inmate needs the money to buy medicine and also as "pabaon" once they will be transfer to the New Bilibid Prison in Muntinlupa, Metro Manila.
Cebu City Mayor Tomas Osmeña expressed no surprise when he heard news about the arrest of the jail guards for alleged extortion.
"They (two jail guards) are just collection agents and that corruption is way up to the higher level of BJMP," Osmeña said as he labeled the agency as drug center in the Visayas.
"BBRC is a drug center of the Visayas and its even equivalent of Makati Stock Exchange as far as drugs are concerned. It is the most corrupt institution," the mayor added. He added that he will definitely be giving a "kalabasa" award to the BJMP during the 69th Cebu City Charter Day celebration.
BJMP earned the ire of the mayor for its failure to implement reforms in the Bagong Buhay Rehabilitation Center, which has been plagued with various anomalies such as jailbreaks, and the presence of illegal drugs and guns among inmates. Sy, 23, and Landero, 29, have not named the officials, who they have tagged as the ones who gave them orders. "Hindi naman namin gagawin kung hindi sanctioned," Landero said.
Landero said the money that they have collected, which range from P0.50 to P2.50 depending on the price of the item, will be deposited to the administrative section where Sy was assigned as treasurer, to buy office supplies.
Landero said the money is also used for fares and allowances of jail guards escorting inmates to attend court hearings because they allegedly do not have funds for the purpose saying the Local Government Unit does not support them.
But, JO1 Danny Goboli, BBRC's liaison officer, denied that the jail management is into such a scheme of collecting money from the visitors.
Mayor Tomas Osmeña earlier cut off the support of the city government to the BBRC because of alleged anomalies involving the officials of the jail.
The two guards also said that when they entered the service two years ago the system has been in place. NBI regional director Medardo de Lemos said they will issue a subpoena to the officials of BBRC to answer the allegations of the two lady guards. - Fred P. Languido, Flor Z. Perolina and Garry B. Lao