Labella questions warrant vs. village chiefs

Acting Cebu City Mayor Edgardo Labella raised several issues on the issuance of a warrant of arrest against the barangay officials who were accused of a criminal offense for their failure to return City Government-issued vehicles on time.

Labella, a lawyer and former director of the Office of the Ombudsman-Visayas, cited a provision of the Revised Rules on Summary Procedure.

Section 16 states that “when the case is punishable by aresto mayor or those offenses with penalty not less that one month and one day but not more than six months, the court shall not order the arrest of the accused, except when they fail to appear whenever required.”

Labella said the court is yet to summon the barangay officials concerned.

“From the standpoint of a lawyer, I’m raising these serious legal questions,” he said.

Labella also explained that under Republic Act 6036, bail is not required for a criminal offense when the penalty is not higher than aresto mayor.

In a 2002 and 2009 Supreme Court jurisprudence, Labella said that two judges were found guilty of gross ignorance of the law after they ordered the accused under their respective courts to post bail.

Yesterday, Judge Oscar Andrino of the Municipal Trial Court in Cities Branch 5 issued an order of release to Apas Barangay Captain Ramil Ayuman.

This, after Ayuman posted bail late Thursday afternoon after learning that a warrant of arrest had been issued by Adrino against him.

Ayuman is one of the seven barangay and city officials accused of violating Article 221 of the Revised Penal Code for failing to return their City-issued vehicles on time.

The others include Councilor Joel Garganera, who was then barangay captain of Tinago, Philip Zafra of Barangay Tisa, Yolandito Cagang of Barangay Basak Pardo, Ana Tabal of Barangay Tagbao, Rosalita Callino of Barangay Buot and Lemar Alcover of Barangay Sambag I.

Cagang had also posted a bail even if no warrant of arrest had been issued against him.

The return of the vehicles was ordered by then acting mayor Margarita Osmeña last May 2016 for inventory. /