47 officials sued over unreturned city vehicles

CEBU, Philippines - Forty-seven barangay officials and employees in Cebu City are now facing criminal and administrative complaints before the Office of the Ombudsman-Visayas over the unreturned government vehicles worth more than P55 million.

It was acting Cebu City Mayor Margarita "Margot" Osmeña who yesterday filed complaints of violations of the Anti-Carnapping Act, Article 7 (Malversation of Public Property) of the Revised Penal Code, Section 3 (e) of the Anti-Graft and Corrupt Practices Act, some provisions of the Code of Conduct and Ethical Standards for Public Officials and Employees, Grave Abuse of Authority, Grave Misconduct, and Gross Insubordination against them.

Osmeña also asked the anti-graft office to place the respondent-barangay officials and employees under preventive suspension to keep them away from influencing the evidence against them.

Impleaded in the complaint are barangay captains Ana Tabal of Barangay Tagba-o, Rosalita Callino of Barangay Buot, Manny Pepito (Mabini), Joel Sable Sr (Suba), Nerissa  Antolihao (Budlaan), Maria Velasquez (Pulangbato), Norman Navarro (Basak-San Nicolas), Ma. Yvonne Feliciano (Calamba), Joel Garganera (Tinago), Zenaida Colina (Bacayan), Lemar Alcover (Sambag 1), Ramil Ayuman (Apas), Reynald Lauron (Cambinocot), Jerson Cadampog (Pung-ol Sibugay), Philip Zafra (Tisa), Jovito Taborada Jr. (Lahug), Ronaldo Labitad (Pamutan), and Amilo Lopez (Busay).

Also included are barangay captains Altea Lim of Poblacion-Pardo, Yolandito Cagang (Basak-Pardo), Lutherlee Soon (Inayawan), Raquel Avila (Kamagayan), Fritz Gerald Herrera (Lorega-San Miguel), Lorna Damalerio (Sapangdaku), Carl Stephen Belarmino (Sambag 2), Manuel Gimeno (T. Padilla), Alejandro Borres (Toong), Felicisimo Rupinta (Ermita), Winefredo Macario (Sudlon 2), Dante Tabucal (Sudlon 1), and Noli Ann Alcover (Agsungot).

Other barangay captains included in the complaint are Eduardo Lauron of Barangay Carreta, Jose Navarro (Punta Princesa), Rian Tante (Luz), Ramon Ylaya (Sinsin), Alan Masecampo (San Antonio), Orlan Herrera (Guba), Elvis Narra (Adlaon), Cesar Dolorito (Babag), Trefonio Lequigan Jr. (Kamputhaw), and Antonio Carusca (Pahina-San Nicolas).

Other barangay officials included were Nestor Tallo (Sambag 1), Eliodoro Sanchez (Busay), Jerome Lim (Sta. Cruz), Rodulfo Tabasa (Labangon) Rogelio Resurreccion (Suba), and Eleazar Mabino (Babag).

The city government issued the service vehicles to the said officials and employees supposedly to aid them in their official functions.

The complaint stemmed from the recall order of Osmeña, who is sitting as acting mayor following Mayor Michael Rama's suspension for abuse of authority over the "improper" granting of calamity assistance.

On May 17, 2016, Osmeña issued a memorandum directing all barangay captains, officials, and employees of the city to immediately return all city-issued vehicles for an inventory "intended for a smooth and orderly transition" of the administration, setting May 24 as ultimatum.

Osmeña's husband, Mayor-elect Tomas, is set to assume post come June 30.

"However, despite the receipt of the memoranda, which is validly and legally issued, the aforementioned respondent public officials and employees deliberately and maliciously failed and/or refused to return the abovementioned vehicles to the Cebu City government," Osmeña stated in her complaint-affidavit.

This also prompted her to bring the matter to the Cebu City Police Office for assistance.

"It must be emphasized that while the nature of the respondents' possession of the motor vehicles was initially lawful as they were entrusted possession thereof, their acts of not returning them to the City of Cebu, despite the receipt of the memorandum demanding their return transformed the character of the possession into an unlawful one. They know that their possession of the motor vehicles is no longer with the consent of the city government as the latter has already demanded their return," she said, hinging on a decision of the Supreme Court on a carnapping case.

The public officials are likewise presumed to have embezzled the public property for unjustifiably failing to return the government vehicles despite demands, Osmeña further added.   Osmeña was accompanied by lawyers under City Legal Office in filing the complaint yesterday at 9 a.m. before the Office of the Ombudsman.

"Their being in possession of the vehicles, according to lawyers, is illegal as of this time because they were given a deadline and they have exceeded the deadline," she told reporters.

Osmeña said the city government included those barangay officials who returned the vehicles after the May 24 deadline.

 "I also asked that question and lawyers said apil kuno it's because the deadline was given," she said, adding that turning over the vehicles late does not absolve them of the offense.

As far as she knows, she said only the 58 city-issued vehicles in possession of 47 barangay officials are the only ones not yet included in the inventory.

She also said she was able to answer the letter of Labella addressed to her on the clarification of her memorandum.

"Yes. It was sent by registered mail. They (barangay officials) didn't send, it was the vice mayor," she said, saying she told Labella that barangay officials should return the vehicle since the memorandum was very clear.

"Since when is a Hilux an emergency vehicle? And they have emergency vehicles. If the reason is for emergency, there are 18 ambulances that are not yet assigned to anyone," she added.

Osmeña said Labella returned his city-issued vehicle.

Sought for comment, City Council ex-officio member Phillip Zafra said he has not yet received a copy of the complaint. Zafra, President of the Association of Barangay Councils, said he respects the action of Osmeña.

"However, I will reserve any further comments on that until I will be able to get hold of the copy of the complaint," Zafra said.

ABC Board Member and Apas Barangay Captain Ramil Ayuman said the move of Osmeña is clear political harassment.

"Sa tan-aw nako, wala man sila'y basis aning carnapping. Anyway, iyaha nang katungod. But usahay ba motan-aw unta gyod sila sa rason. Klaro naman g'yud 'ning political harassment. Pagpang-harass sa kapitan nga dili iyaha," he said.

On political harassment, Margot said Ayuman can say whatever he wants.

Ayuman said the barangay captains never said that they will not return and turn over the city-issued vehicles. He said they just want clarification on what was covered under "emergency vehicles" since majority of the city-issued vehicles are being used for emergency purposes in their respective barangays, but they never received any reply from Osmeña.

"Wala'y malice sa amoa kun mao na ang huna-huna ni Margot, iya 'nang discretion. Wala ta mahadlok ana. Ang akong mensahe nga unta hunahuna-on niya nga dako ang ilang sala nga gihimo sa mga Sugbuanon. Kaning amoa, gihimo namong service vehicle," Ayuman said.

"Gitagaan sila'g Dodge Charger, gi-donate, human gipalit, so, asa man ang mas grabing sala sa Sugbuanon, ang mga kapitan nga nagtinarong sa ilang serbisyo o katong gihatagan og Dodge Charger nga gihimong personal na nila," he added.

The Office of the Ombudsman-Visayas has already upgraded its investigation into the complaint filed against Tomas that he allegedly privately used the controversial Chargers that were reportedly donated to the city government.

It was Rama who filed the complaint in 2012 asking the anti-graft body to investigate his former ally-turned political rival for alleged violation of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, alleging Tomas had accepted two Chargers donated by businessman Michael Gleissner, chairman of Bigfoot Entertainment, during his term as mayor.

Tomas, in a separate interview, said the cars are not with him anymore. He said that these were never donated to the city government, adding that these cars were bought by his sister, Minnie, and his nephew.

"Then file their case. It's none of their business. They don't own the Dodge Charger. What are they talking about? Paulit-ulit gyud na. Where's the deed of donation? It's very basic," he said. — /BRP (FREEMAN)