CEBU, Philippines - The Cebu Provincial Detention and Rehabilitation Center (CPDRC) jail guard accused of stealing 35 sacks of NFA rice pleaded not guilty to the qualified theft case filed against him.
Antonieto Babor, CPDRC acting assistant supply officer and rice custodian assisted by Public Attorney Jerry Jefferson Mira, pleaded not guilty to the crime during the arraignment proceedings held at Regional Trial Court (RTC) Branch 18 where Presiding Judge Sylvia Paderanga earlier denied the urgent motion to quash information filed by the provincial jail guard for lack of merit.
Babor earlier questioned the findings of the existence of probable cause but Paderanga, in open court yesterday, ruled that the motion filed by Babor was a “mere scrap of paper” and pushed through with the arraignment of the case.
Provincial Social Welfare and Development (PSWD) administration officer Wilson Ramos, assistant of PSWD Head Marivic Garces, who stood as the complainant in the case, said they will contest the denial of Babor saying they have all the evidence to prove that the accused committed the crime.
Babor was earlier suspended for six months pending investigation of the administrative case but was able to go back to work after serving his suspension.
Through lawyer Socrates Nodado, Babor filed an urgent motion to quash with supplemental pleadings asking for a preliminary investigation on the case alleging that he did not receive a copy of the subpoena directing him to file a counter-affidavit on the allegations against him.
However, this allegedly contradicts the resolution of Prosecutor Alex Gabud who elevated the case against Babor in court.
Gabud in his resolution stated that the accused failed to file his counter-affidavit despite a subpoena.
The prosecutor found probable cause to indict Babor based on the evidence presented by Garces.
Babor was accused of withdrawing 35 sacks of NFA rice worth P47,000 from the house van at CPDRC.
Garces earlier said they usually stock NFA rice inside 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.
Babor refused to be interviewed after the proceedings. — (FREEMAN)