Trouble at the Loboc River Cruise, Ex-mayor, mayor sued for coercion

LOBOC, BOHOL, Philippines — The Provincial Prosecution Office here has recommended for the filing at the Ombudsman grave coercion charges against former Mayor Leon Calipusan of this town and his sister, incumbent Mayor Helen Calipusan Alaba.

The complaint, filed by Tessie Labunog Sumampong, owner of the Loboc Riverwatch Floating Resto, alleged that Calipusan unlawfully blocked the operation of her business.

Sumampong claimed that, on Oct. 28 last year, Calipusan, escorted by two armed policemen, allegedly stopped guests from boarding her floating restaurant and barred her boat crew from anchoring into the Loboc River's docking port.

In her complaint, Sumampong contended that Calipusan is a "mere civilian and private person," thus he had no authority to implement orders of the municipal government or block her floating restaurant from operating.

Assistant Provincial Prosecutor Eric Ucat in his order, dated last January 30, a copy of which was only obtained by The Freeman  the other day, said the Ombudsman has the "primary jurisdiction" to prosecute the case, and he ordered that records of the case be forwarded to the anti-graft body.

Ucat also recommended that Alaba be included in the case, even if she was not specifically charged in the Sumampong complaint because "under the circumstances, not only that she (Alaba) authorized the alleged reprehensible acts committed by her brother/respondent but also she collaborated in the commission of the same."

The prosecutor noted that, if the evidence warrants, "it is the Sandiganbayan, not the regular courts, that has exclusive jurisdiction over the case" because the law provides that all criminal cases involving city and municipal mayors would be tried before the Sandiganbayan.

"If a private individual is charged as having conspired with such public officials, as co-principals, accomplice or accessory, with a crime coming with the jurisdiction of  the Sandiganbayan, the latter has jurisdiction to try the case against such private person," Ucat said, citing the case of Azarcon vs Sandigan found in 268 SCRA 747.

Calipusan however denied the allegations, saying that he, as the town's consultant on economic development, was only "heeding to the order of Mayor Alaba" to implement an "urgent advisory."

In his counter-affidavit, he said: "I never committed any violence, nor  issued any threats or intimidation towards (Sumampong) and company."

Alaba, in her reply-affidavit, had corroborated with the sworn statements of Calipusan. She said her brother just happened to be in the area at the time, so she asked him to help enforce the order not to allow Sumampong to operate her floating resto.

Sumampong, whose Riverwatch Floating Resto has been attracting the most number of tourists here, has been doing business since 2001, but last year, after the Oct. 15 deadly earthquake in Bohol, the mayor implemented an "scheduling scheme" for all floating boat restos.

This policy, however, was not supported by any municipal ordinance or resolution, Sumampong alleged. (FREEMAN)