Captain ordered arrested for removing lamppost

CEBU, Philippines — A Regional Trial Court judge in Lapu-Lapu City issued a warrant of arrest against Caubian barangay captain Jackson Matbagon over criminal complaints for graft and malicious mischief filed against him by Mayor Junard Chan.

Matbagon, though, posted a bail bond of P90,000 on Monday for his temporary liberty.

The arrest warrant, issued by Lapu-Lapu City RTC Branch 73 Judge Ronald Tolentino, stemmed from the complaint which accused Matbagon of removing a lamppost installed by the city government in his barangay in March this year.

Matbagon, in a statement, said he was surprised to learn about the warrant because he “did not even know” he was being sued by the mayor.

He said that based on his inquiry, it appeared that the mayor complained him for alleged violation of paragraph e, Section 3 of the Anti-Graft and Corrupt Practices Act (Republic Act 3019), particularly for “causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

Aside from Matbagon, the complaint also impleaded 10 residents of Caubian. On the other hand, Cayetano Abadasos Jr., the barangay mayor’s officer in Caubian, also stood as a co-complainant.

Apart from the graft case, Chan and Cayetano also filed a case for malicious mischief against all defendants, alleging that Matbagon “took ownership of the removal of the street light with the helpless residents watching.”

“Without any authority from the city, respondents took down the street light that gave light of hope of the lowly residents,” their complaint read.

Chan earlier said that the city government put up electric lampposts there in preparation for the installation of solar-powered street lamps and mobile solar power generators to light up houses.

He said the city government already installed solar-powered streetlights and electrified some houses in the island-barangays of Pangan-an and Caohagan and yet, he said, there was no resistance from these two barangays; only in Caubian.

Corrective?

For his part, Matbagon said the lamppost was removed because it was installed in an area that was already lighted.

“Nganong naa may moreklamo kung akong ikoreher ang sayop? Kanindot ra kung mapahimuslan ang suga sa lugar nga ngitngit. Nganong naa may masuko ana? Igo ra man unta na nako giplastar ang poste,” he said.

Matbagon also said he did not receive any subpoena nor was he informed and given a copy of the complaint filed against him.

In addition, he said he was not given opportunity to answer the complaint and submit his counter-affidavit. Likewise, he was also not allegedly informed of the resolution of the complaint.

For these reasons, he said, his constitutional right to due process was allegedly violated.

“Nahibong ko nganong naa man koy warrant of arrest nga wala man koy criminal case. Mao nang ako dayon ni gisusi,” the barangay captain said.

Matbagon said his lawyer is now studying what legal actions to take.

“Simpol ra gyud unta ning kasuha. Klaro kaayo nga ma-dismiss ra gyud ni. Tan-aw nako kabalo sila niana. Mao nang naningkamot gyud sila nga magdagan ug ipalusot ang ilang kaso batok nako nga dili ko makabalo. Kung nay kapasikaran ang ilang kaso batok nako, nganong dili man ko nila hatagan og higayon nga makatubag ko sa ilang alegasyon?” he asked. — JMD (FREEMAN)