Capitol official, 4 others face criminal, admin raps

CEBU, Philippines - A businessman from southern Cebu has filed charges against the Capitol chief security officer for allegedly apprehending his truck without legal basis and for carrying firearms despite a gun ban. 

Salipada Cerna filed the criminal and administrative complaints against Loy Anthony Madrigal and four others before the Office of the Ombudsman-Visayas.

Cerna is engaged in hauling and trucking services and owner of an Isuzu truck with plate number MDP-719 that was apprehended by the team of Madrigal last October 3 while being parked at a quarry area in Barangay Magdugo, Toledo City.

 Cerna, in his complaint, said that a group of five armed men headed by Madrigal on board a motorcycle and a Mitsubishi Strada pick-up arrived in the area.

Madrigal was identified by driver Wenceslao Albare and his truckboy Ismael Bariga.

“The driver and truckboy saw them carrying with them certain M16 rifles and pistol that caused them to cower in fear,” Cerna alleged.

Moments later, the group allegedly instructed the backhoe operator in the area to lay its bucket on top of the dump truck to prevent it from being removed.

Before leaving, the group left at the driver seat a “Flagdown Report and Temporary Seizure Receipt” for being “caught in the act” hauling sands without a permit in violation of the Provincial Revenue Code of 2008.

“Such allegation that the truck was loading sands at the time of apprehension is totally false as it was merely parked in the area, not to mention, the fact that the driver was not around as they even alleged it to be “abandoned”. Such statement is contradicting since the loading cannot be done without anyone such as the driver or truckboy attending to it,” Cerna said.

Cerna immediately proceeded to the Cebu Provincial Legal Office to complain about the act of Madrigal and other personnel of the Provincial Environment and Natural Resources Office in apprehending and impounding his truck.

Provincial Attorney, Orvi Ortega, then conducted an immediate investigation on the matter where it was admitted by Madrigal that when they apprehended the truck, it was not, indeed, loaded with sands.

This prompted Ortega to recommend for the release of the truck as there is no basis to apprehend and hold the truck.

A Release Order was issued by the Office of the Governor and approved by the Provincial Administrator Atty. Mark C. Tolentino.

“Evidently, the acts of herein respondent in conspiracy with his fellow unidentified PENRO officers were unwarranted and tyrannical. Their demeanor indicated their disrespect, benightedness, degradation and encroachment upon my property rights which is a clear violation of their bounden duty as public officials and in effect, have caused me undue prejudice and damage,” Cerna said.

Cerna also asked the anti-graft office to hold Madrigal and other respondents criminally liable for their act of bringing firearms during their operation in violation of the 2013 Election Gun Ban issued and implemented by the Commission on Elections in consonance with the 2013 Barangay Elections.

The gun ban period was implemented on September 28 and would last until November 12, 2013.

Cerna further asked the anti-graft office to order the preventive suspension against the respondents during the pendency of the investigation.

Madrigal could not be reached for comment as of press time yesterday.—(FREEMAN)