CPDRC jail guard questions arrest

CEBU, Philippines - The guard at the provincial jail accused of qualified theft questioned the findings of the existence of the probable cause that leads to his arrest last Friday.

Antonieto Babor, acting assistant supply officer and rice custodian at the Cebu Provincial Detention and Rehabilitation Center (CPDRC) in Barangay Kalunasan, was placed in detention at the Cebu City Jail by virtue of a commitment order issued by Judge Simeon Dumdum last Saturday.

Babor, through lawyer Socrates Nodado, filed an urgent motion to quash with supplemental pleadings before Judge Sylvia Paderanga of Regional Trial Court (RTC) Branch 16.

Babor said he did not receive a copy of the subpoena directing him to file a counter-affidavit to the allegations against him.

This allegedly contradicts the resolution of Prosecutor Alex Gabud who elevated the case against Babor in court because of the latter’s failure to file counter affidavit and/or controverting evidence despite a subpoena.

Gabud said he found probable cause to indict Babor based on evidence presented by Provincial Social Welfare and Development (PSWD) Officer Marivic Garces, the complainant in the case.

He recommended P60,000 bail for Babor’s temporary liberty.

Nodado asked the court to set the arraignment on October 18, 2011 and asked further that it direct the prosecutor’s office to conduct preliminary investigation on the case so that Babor can file his counter-affidavit.

Babor was accused of withdrawing 35 sacks of NFA rice worth P47,000 from the house van at CPDRC.

Garces said they usually stock NFA rice at the house van at CPDRC, which would be distributed to victims of disasters and as assistance to indigents. She said any withdrawal of rice from the stocks would need her approval through a withdrawal slip bearing her signature. At that time, Babor was assigned as custodian of the stocks of rice.

However, on April 25, 2011, Babor allegedly withdrew the 35 sacks of rice from the van without her approval. 

On September 30, 2011, Paderanga issued the warrant of arrest against Babor. (FREEMAN)