Wrong for Tom to get suspects
“OURS IS A GOVERNMENT OF LAWS”
Cebu City Vice Mayor Edgardo Labella considers it wrong for Mayor Tomas Osmeña to take custody of the three men arrested for refilling butane canisters.
“Ours is a government of laws, not of men. So whatever the laws are, the laws should be implemented and there’s no such thing as a little case,” he said.
Osmeña has admitted that he helped the three men out of police custody.
“Of course, I was helping them. These are little people who are just trying to make a living of whatever they are selling. They were caught on a Friday and they’re going to be in jail the whole weekend (plus Monday, a holiday),” he was quoted as saying.
He admitted he bends the law “a little bit for poor people because of mercy.”
But Labella said public officials should abide by the rule of law because no one is above it.
“As public officials, it is important to follow the law moingon sila nga gamay ra. Dili mana gamay ang balaod sa hingtungdan especially when the law involves public order and safety,” he said.
If Osmeña wanted to help the three men, he could just have extended legal assistance, not taking them out of jail from the police station.
“That would be setting a bad precedent because in the first place, he is the mayor. He should observe the law, among others. So if he really wanted to help these guys, he should have provided them with lawyers and go to investigative and judicial process,” he said.
Cebu City Police Office Director Royina Garma said they are determined to file charges against Osmeña this week.
It was on Friday last week when the Parian Police Station arrested three men for refilling butane canisters with liquefied petroleum gas (LPG) at T. Padilla Public Market, Cebu City. The suspects were Ramir Amaca, 33, of Mandaue City, and Romeo Appareca, 42, and Romeo Cuevas, 57, both from Cebu City.
Insp. Emmanuel Lumancas, deputy chief of the Parian police, said the three were arrested in three separate operations in line with ongoing efforts to crack down on refilling businesses as mandated by the Department of Energy.
However, Osmeña arrived at the police station close to 11 p.m. that day and told the police on duty that he would be taking custody of the three suspects.
NAPOLCOM
Lawyer Risty Sibay, spokesperson of the National Police Commission-7, said they will look into the incident once a complaint is filed against Osmeña.
“Supposedly, under sa policy, if naa na reports or complaint anang acts sa mayor which constitutes grounds (for suspension and withdrawal of deputation), mao na amo subject for investigation and depende sa amoang mavalidate and verify, we will be making appropriate actions,” Sibay told The FREEMAN.
Under Section 51 of the Republic Act 6975 or Powers of Local Government Officials over the Philippine National Police Units or Forces, mayors have operational supervision and control over Philippine National Police (PNP) units respective to their jurisdiction.
The term "operational supervision and control” refers to the mayor’s power to direct, superintend, oversee, and inspect the police units and forces.
The law allows deputation of any local executive for any of the following grounds: frequent unauthorized absences; abuse of authority; providing material support to criminal elements; engaging in acts inimical to national security or which negate the effectiveness of the peace and order campaign.
Sibay said that as a general principle, abuse of authority means the mayor would require something from the police that is beyond the agency’s power.
“Kung aduna man gani ni i-require ang mayor with or beyond the power of the police, puwede nato ma-take as abuse of authority,” he said.
He said the agency will coordinate with the police.
“We will be coordinating with PRO-7 and CCPO regarding sa nahitabo kay ako nabasa lang nako sa news. Di pa kaayo ko ka-comment unless naa na official report,” he said.
CHARGES
The Cebu City Police Office is set to file charges for obstruction of justice, grave abuse of authority, and graft against Osmeña this week.
City Police Director, Senior Supt. Royina Garma, said the Police Regional Office - 7 has given her the go signal to file the cases.
She said this is the first time that she has dealt with the situation.
“Show me a law, that a mayor can take custody of suspect, caught on the act, violating the law, show me a law, and that’s it, ire-release ko lahat preso if meron. This is my first time, in my 23 years of service, this is my first time, I never experienced this kind of encounter,” she said.
Garma said she has directed her personnel to be firm in implementing the law but she understands why they may have been intimidated to give the custody of the three suspects to the mayor.
“I told them to enforce the law… Nabigla sila, they did not expect that to happen. It’s not good not to correct. Mga ganyang situation, it should not be tolerated,” she said.