Robbery case vs Magpale endorsed to Ombudsman

CEBU, Philippines - The Office of the Cebu City Prosecutor endorsed the robbery complaint filed against acting Cebu Governor Agnes Magpale to the Office of the Ombudsman-Visayas.

In his two-page order, state prosecutor Noel Cellona said that since Magpale has a salary grade of 28, the case filed against her should be referred to the Ombudsman.

“Wherefore, the complaint filed is cognizable by the Sandiganbayan, the undersigned then is recommending the endorsement of the records of this complaint to the Office of the Ombudsman,” the order reads.

In December last year, Paolo Garcia, the son of suspended Governor Gwendolyn Garcia, filed a robbery complaint against respondents after they allegedly refused to return his rented three tents despite demands.

The tents, each measuring six meters by 12 meters, were used for a vigil at the Capitol in support of the suspended governor. Reportedly, the police broke up the vigil and confiscated the tents.

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

Cellona, in his order, cited a Memorandum of Agreement (MOA) entered into by the Department of Justice (DOJ) and the Office of the Ombudsman that the complaints against public officials having a salary grade of 26 and above be filed before the Ombudsman.

“The Ombudsman has primary jurisdiction in the conduct of preliminary investigation and inquest proceedings over complaints for crimes cognizable by the Sandiganbayan,” the MOA reads.

Garbo has a salary grade of 27, Cabanag has 25 and Enguito has 22.

With that, he said it was proper to endorse the complaint to the Ombudsman for the proper disposition.

“That in cases where there are multiple respondents in a single complaint and at least one respondents falls within the jurisdiction of the Sandiganbayan, the entire records of the complaint shall be endorsed to Ombudsman.”

Background

Paolo said the tents used were not owned by the Provincial Government and the respondents failed to return these.

The tents were installed on Dec. 18, 2012 in front of the provincial Capitol to be used for the mass and prayer vigil. Garcia said he rented the tents from Sheentrade Marketing for P2,600 per tent per day.

However, he said on December 19 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 reads.

Paolo said the actuation of the respondents falls under the elements of robbery.

Meanwhile, Paolo 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.  (FREEMAN)