Court dumps petition filed vs. Mayor Sitoy

CEBU, Philippines - The Mandaue City Regional Trial Court Branch 55 presided by Assisting Judge Estela Alma Singco rejected the petition filed by three leaders of fishermen in Cordova town for the issuance of a Writ of Amparo with application for Temporary Protection Order against Cordova town Mayor Adelino Sitoy and other town officials.

At yesterday’s summary hearing, it was found out that the petition had already been dismissed earlier.

Singco’s decision was based on the earlier action of Mandaue City RTC Acting Executive Judge Tersita Abarquez Galanida, who in an earlier order dated March 17, 2012, said “there is no cogent reason to issue a Writ of Amparo and TPO.”

“On its face, the petition is bereft of any convincing evidence showing that the right to life, liberty, and security of the petitioners had been violated or threatened,” Galanida said.

Singco heard the petition filed against Mayor Sitoy and other town officials but said Judge Galanida had dismissed the petition.

The case was already raffled and assigned to Singco’s sala when the court learned that Galanida had dismissed the petition.

Sitoy said he welcomed the decision of the court.

He also said the fishermen’s lawyers who had filed the petition against him were faculty members of a college of law in Cebu City where he was the dean at the time.

“Mao nay mga faculty member nga musukol sa ilang dean,” said Sitoy, who represented himself in yesterday’s hearing.

Although they respected the decision of the court, lawyer Dante Ramos said it will not prevent him and his fellow petitioners from filling any action in the courts.

Cirilo Pagobo, Eduardo Quijano, and Alejandro Baguio filed the petition claiming they have been harassed since the time they filed administrative and criminal complaints against Sitoy and other respondents in the Office of the Ombudsman in line with the Cordova reclamation projects.

The other respondents are Felix Pacaldo, Teodorico Casquejo, Roque Iburan, Yumi Tajanlangit, Galo “Doe”, Beben Iburan, and a certain Edward.

The complaints said the filing of the case before the Ombudsman irked Sitoy and Governor Gwendolyn Garcia.

“The filing of the case immediately drew angry reactions from respondents particularly the Provincial Governor of Cebu and respondent Mayor Sitoy, which they aired in news reports and in articles and interviews in the broadcast media,” petition reads.

Quijano said three people arrived at his house at around 3 p.m. on March 10, 2012 and told him he was being summoned by Sitoy.

He was reportedly taken to a lighthouse in sitio Camolinas in barangay Poblacion and asked him if he was aware of the Ombudsman case.

He said no.

“Being alone and feeling helpless in the presence of the mayor and his people at that time, petitioner Quijano felt compelled to lie out of panic and fear to displease the mayor. He thus answered that he did not know what the complaint filed before the Office of the Ombudsman,” the petition reads.

Quijano claimed Sitoy even prepared an affidavit for him to sign to withdraw his complaint.

He said he signed the document without reading the contents because of fear.

On March 12, 2012, lawyer Gloria Ramos, one of the complainants in the case before the Ombudsman, called Quijano and told him that he had the choice to withdraw the complaint with the Ombudsman.

However, Quijano was determined to pursue the same.

Pagobo and Baguio themselves had claimed to have experienced the same form of intimidation. - THE FREEMAN