Margot runs to Ombud
Brgy. captains have not returned vehicles
Cebu City Acting Mayor Margot Osmeña files complaint against 47 barangay officials on 4 grounds--violation of the Anti- Carnapping Law, malversation of public property, violation of AntiGraft and Corrupt Practices Act, and violation of Code of Conduct and Ethical Standards for Public Officials and Employees
FORTY-SEVEN barangay captains and councilors in Cebu City now have to answer to the Office of the Ombudsman-Visayas why they failed to return the City Government-issued vehicles for inventory.
The City, through acting Mayor Margarita Osmeña, asked the antigraft body to charge them criminally and administratively for ignoring her order.
And while the investigation is ongoing, Osmeña wants the Ombudsman to place the barangay officials under preventive suspension.
Osmeña personally filed the case yesterday morning. She was accompanied by lawyer Eleodoro Diaz IV., special assistant to the City Legal Office.
She said the barangay officials failed to return a total of 58 Cityissued vehicles, which cost the City P700,000 to P1 million each.
In the 19-page complaint-affidavit, Osmeña said the barangay officials should be charged criminally on four grounds.
These are 1) carnapping as they violated provisions of Republic Act (RA) 6539 or the Anti-Carnapping Law, 2) malversation of public property under the Revised Penal Code, 3) violation of RA 3019 or the Anti-Graft and Corrupt Practices Act, and 4) violation of RA 6713 or
Wthe Code of Conduct and Ethical Standards for Public Officials and Employees.
Osmeña said the barangay officials’ continued possession of the vehicles is considered carnapping as she has issued an order last May 17 to turn these over to the City for inventory.
She issued another memorandum directing the barangay officials to return them not later than May 24.
The complaint defined carnapping as “taking a motor vehicle that belongs to another, taking it without the consent of the owner and the taking is done with intent to gain.”
She said their failure to return the vehicles is sufficient to prove a fact that they have put such “missing property” to personal use.
The barangay officials also violated RA 3019 as their refusal to return the vehicles were done in bad faith, she said.
“Their defiance to my authority is a direct affront to the bundle of rights bestowed upon the City as the registered owner of all the service vehicles. The order to return the vehicles for inventory is a management prerogative,” she said.
Osmeña went on to say that the move of the barangay officials disregarded the highest standard of professionalism. Instead, they showed their partisanship being identified allies of Team Rama.
The acting mayor went on to cite three grounds on why the barangay officials should be charged administratively.
These include grave misconduct, gross insubordination and grave abuse of authority.
Insubordination because the barangay officials did not heed her memorandum to return the vehicles. In- subordination, she said, is defined as a “refusal to obey some order.”
Osmeña then asked the Ombudsman to preventively suspend the barangay officials so as not to influence the case.
Zafra, Ayuman
Association of Barangay Councils (ABC) President and Tisa Barangay Captain Philip Zafra refrained from commenting Osmeña’s move until he got a copy of the complaint.
ABC Board Member and Apas Barangay Captain Ramil Ayuman, for his part, said they intend to file counter-charges against Osmeña.
He said the complaint does not scare them. He said the vehicles were duly issued to them with proper papers.
“Klaro man kaayo na pagpang- harass iyang gibuhat. Iya ng discretion nga mokiha pero wa ta mahadlok ana. Gukod pa more (It’s very clear that she’s doing this to harass us. It’s her discretion to file a complaint but we’re not scared. Keep on running after us),” he said.
Ayuman said Osmeña’s recent move doesn’t surprise him.
“Giipit na mi apil among fuel di na ihatag. Ing-ana man na sila. Di na na sila Osmeña kung di mi ipiton (She’s giving us a hard time, they even stopped our fuel allocation. But that’s how the Osmeñas are),” he said.
Ayuman said they are using the vehicles for public service, which is regular.
What is questionable, he said, is the use of the two Dodge Chargers “acquired” by the family of Osmeña, which were supposedly donated by Bigfoot Entertainment to the City Government.
In a press conference yesterday, incoming mayor Tomas Osmeña said there was no proof, such as a deed of donation, that the Dodge Chargers were indeed donated to the City.
“Balik-balik ra man ng ila oy (They’re raising the same issue again),” he said.
Named
Other barangay captains including in the complaint are Ana Tabal (Tagba-o), Rosalita Callino (Buot), Manny Pepito (Mabini), Joel Sable Sr. (Suba), Nerissa Antolihao (Budlaan), Marie Velasquez (Pulangbato), Norman Navarro (Basak San Nicolas), Ma. Yvonne Feliciano (Calamba), Joel Garganera (Tinago), Zenaida Colina (Bacayan), Lemar Alcover (Sambag I), Reynald Lauron (Cambinocot) and Jerson Cadampog (Pung-ol Sibugay).
Jovito Taborada Jr. (Lahug), Ronaldo Labitad (Pamutan), Altea Lim (Pardo), Yolandito Cagan (Basak Pardo), Lutherlee Soon (Inayawan), Raquel Avila (Kamagayan), Fritz Gerald Herrera (Lorega), Lorna Damalerio (Sapangdaku), Carl Stephen Belarmino (Sambag II), Manuel Gimeno (T. Padilla), Alejandro Borres (Toong), Felicisimo Rupinta (Ermita), Winefredo Macario (Sudlon II), Eleazar Mabini (Babag) were also included.
The others are Rodulfo Tabasa (Labangon), Dante Tabucal (Sudlon I), Jerome Lim (Sta. Cruz), Noli Ann Alcover (Agsungot), Eliodoro Sanchez (Busay), Eduardo Lauron (Carreta), Amelo Lopez (Buot), Jose Navarro (Punta Princesa), Rian Tante (Luz), Ramon Ylaya (Sinsin), Alam Masecampo (San Antonio), Orlan Herrera (Guba), Elvis Narra (Adlaon), Nestor Tallo (Sambag I), Rogelio Resurrecion (Suba), Cesar Dolorito (Babag), Trefonio Lequigan Jr. (Kamputhaw) and Antonio Carusca (Pahina San Nicolas).