Over confiscated tents: Roxas, Garbo, policemen face robbery

CEBU, Philippines - For their alleged refusal to return tents rented by the son of embattled governor Gwendolyn Garcia, police officials and Department of Interior and Local Government (DILG) Secretary Manuel Roxas are facing a criminal complaint for robbery before the Cebu City Prosecutor’s Office.

In his three-page complaint-affidavit filed around 3:20 p.m., Pablo “Paulo” Garcia III said despite his demands, the respondents refused to return three tents measuring six meters by 12 meters each.

He stressed the tents are not owned by the Provincial Capitol.

“Until this date, the respondents have failed and refused to return the tents notwithstanding their knowledge of the fact that the tents are not owned by the Province of Cebu,” the complaint-affidavit reads.

Named respondents were Roxas, Director Marcelo Garbo of Police Regional Office (PRO)-7, Commanding Officer of the Regional Public Safety Battalion (RPSB) Supt. Leopoldo Cabanag and Police Inspector Alvino Enguito of RPSB Central Visayas.

Paulo said Roxas was included as respondent because he learned that it was the latter who instructed Garbo to dismantle the tents.

Garbo then instructed Cabanag as the ground commander and Enguito enforced the instruction.

The tents were installed on December 18, 2012 in front of the Provincial Capitol to be used for Holy Mass and prayer vigil.

Paulo said he rented the tents from Sheentrade Marketing at P2,600 per tent per day. However, he said on December 19, 2012 at around 9:30 p.m. while the prayer vigil was ongoing, 80 to 100 uniformed and armed men from the PNP arrived and “hurriedly dispersed” the prayer vigil.

“Upon hearing of the commotion, I, together with my friend Jose Cal, went down from the Governor’s Office and went to the area to inquire about the presence of the policemen. At the area, I saw Enguito among the other armed men. Without any prior notice to me or to anyone else at the area, the armed policemen began dismantling the three big tents and stacking up the monobloc chairs,” the affidavit further reads.

Paulo told the media that they were “threatened and intimidated” by the police with their long firearms. He said he told Enguito that the tents are not the property of the government but the police still continued to dismantle them.

He said the dismantled tents were placed on the PNP trucks.

The actuation of the respondents, Paulo said, falls under the elements of robbery.

He asked respondents to pay P7,800 for actual damages representing the rent per day of the three big tents starting December 18, 2012; P500,000 for attorney’s fees; P5 million for moral damages and P2 million for exemplary damages.

Jose Ma. Primitivo Abella Cal, a friend of Paulo, filed a supporting affidavit to corroborate the claim.

Also yesterday, Enguito filed a complaint for direct assault against Paulo, Joey Cal and Tonyson Lee.

The complaint was filed at around 2:30 p.m.

Enguito and his team were dispatched in the Provincial Capitol to maintain peace and order after the suspension order was served against Governor Gwendolyn Garcia.

On December 19, 2012 at around 11:20 p.m. Enguito said while he was making rounds within the vicinity of the Provincial Capitol, Paulo without any provocation allegedly struck his head particularly at the back. Aside from Paulo, he also included Cal and Lee as respondents for “slapping” his head.

He said despite the assault he remained calm to maintain “high degree of tolerance.”

PO1 Jessie Yap and PO1 Paulino Borja both assigned at RPSB-7 corroborated the claim of Enguito through a joint affidavit. Paulo in an interview denied the allegations.

He said he was surprised when Enguito filed a complaint. He added that he learned from a reliable source that Enguito was asked to file the complaints.

Garbo, for his part, said: “I believe our policemen will not appreciate that action. Wala namang personalan ‘to. Ang kapulisan po natin sa PRO 7 are just doing their job,” he said.

Garbo claimed the police are non-partisan and their presence at the Capitol was only to maintain the peace and order.

“We just got orders from the national government that the recognized governor is acting Governor Agnes Magpale, so we’re just enforcing whatever request for assistance acting Gov. Magpale needs,” Garbo asserted.

“Everything that’s happening in the Capitol is with concurrence with Magpale. Hindi po kami pwede kumilos doon na wala siyang approval,” said Garbo.  — (FREEMAN)