Labella questions issuance of arrest warrants for 7 execs

CEBU, Philippines - Cebu City Vice Mayor Edgardo Labella has questioned the move of the court to issue warrants of arrest for the seven city officials who were indicted by the City Prosecutor’s Office for their failure to deliver public property.

“From the standpoint of a lawyer, I have serious questions why a warrant of arrest was issued by the judge when these cases fall under the Revised Rules on Summary Procedure, particularly Section 16, thereof when it categorically provides that the court shall not arrest the accused,” Labella said.

Section 16 of the Revised Rules on Summary Procedure provides that “the court shall not order the arrest of the accused except for failure to appear whenever required. Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court.”

In addition, the vehicles in question had already been returned to the city government’s custody last year. However, as of press time, General Services Office acting head Ronaldo Malacora could not specify when the officials had returned the vehicles.

Labella emphasized that he will leave the matter to the legal counsels of those accused:  Joel Garganera, former Tinago barangay captain, together with other six barangay captains namely Ana Tabal of Tagba-o, Rosalita Callino of Buot, Lemar Alcover of Sambag I, Ramil Ayuman of Apas, Phillip Zafra of Tisa and Yolandito Cagang of Basak Pardo.

In a separate interview, Ayuman said that last Thursday at 4 p.m. he got information from the Municipal Trial Court of Cities (MTCC) Branch 5, where his case had been raffled to, that the judge already signed the issuance of the warrant of arrest against him with a bail set at P6,000.

Yesterday, Ayuman posted bail.

Judge Oscar Andrino later recalled the issuance of the warrant of arrest.

“In view thereof, the warrant of arrest issued by this court on March 9, 2017 is RECALLED and the concerned law enforcement agencies and/or officers of the law are ordered to return said warrant of arrest without further action,” Andrino’s recall order reads.

The court scheduled Ayuman's arraignment for April 27.

On March 8, Cagang voluntarily surrendered himself without the issuance of the warrant of arrest and posted the P6,000 bail.

As of press time, Garganera, Tabal, Callino, Alcover, and Zafra have not yet received a warrant of arrest. Their case had been raffled to different branches of the MTCC.

The legal counsels of the seven officials are presently working on the filing of a motion for the determination of probable cause and motion for reconsideration on the resolution passed by the prosecutor’s office.

This was after Labella suggested that they follow legal procedure since he believes that there is no legal basis that the officials will be found guilty of the accusations because they did not use the government vehicles for personal purposes.

Last March 7, the respondents were informed that Prosecutor Benison Harayo found enough grounds to elevate the case against the public officials to court. (FREEMAN)