BRGY. CHIEF CLEARED IN CARNAPPING CASE

Judge Monalila Tecson of the Municipal Trial Court in Cities Branch 1 says Tabal’s failure to return a government-issued vehicle is not considered malicious

Judge Monalila Tecson has cleared Tigbao, Cebu City Barangay Captain Ana Tabal of allegations that she failed to return a government-owned vehicle in 2016.

Tecson, of the Municipal Trial Court in Cities Branch 1, acquitted Tabal of charges for violation of Article 221 of the Revised Penal Code (failure to make delivery of public funds or property).

“The prosecution failed to specifically allege and prove that such delay resulted in damage to public property,” read Tecson’s five-page judgment.

Sought for his reaction, Cebu City Vice Mayor Edgardo Labella said Tabal’s acquittal is a triumph of justice as there was no malice on her part in not returning the City-issued vehicle.

“The filing of the criminal complaint is like rubbing salt into a wound because the constituency has been deprived of basic services by confiscating the vehicle. The constituency suffered by a considerable extent,” said Labella.

He recalled that Tabal informed Councilor Margarita Osmeña, who

Vice Mayor Edgardo Labella hoped that similar complaint filed against other barangay officials will also be dismissed as baseless.

then was the acting mayor, that the vehicle was used not only for emergency purposes but as a funeral car as well.

Labella hoped that similar complaints filed against other barangay officials would also be dismissed as baseless.

Apart from Tabal, Councilor Osmeña also sued Councilor Joel Garganera, former Tinago barangay captain, and Barangay Captains Ramil Ayuman of Apas, Philip Zafra of Tisa, Yolandito Cagang of Basak Pardo, Rosalita Callino of Buot and Lemar Alcover of Sambag.

Osmeña charged them with violations of Article 221 of the Revised Penal Code for their failure to return to the City a public property.

Osmeña said the barangay officials’ continued possession of Hyundai H100 shuttle van units is considered carnapping since she issued an order on May 17, 2016 to turn these over to the City for inventory.

She said the village officials disregarded the highest standard of professionalism for being partisan to Team Rama.

In her testimony, Tabal said she had told City Hall’s messenger that the latter could take the vehicle after receiving the memorandum from Osmeña to return the van.

Tabal said the supposed delay in returning the vehicle did not cause damage to the government since the City-issued vehicle had “always been ready for pickup by concerned personnel.”

In the order, Judge Tecson agreed with the defense that Tabal’s delay in returning the vehicle is not considered malicious or prejudicial to public interest.

“No doubt the physical inventory in aid of local governance transition is of public interest,” the judge ruled.