Tomas asks Ombuds to junk obstruction case
Citing lack of probable cause, Cebu City Mayor Tomas Osmeña asked the Office of the Ombudsman-Visayas to dismiss the case filed by the police against him for taking custody of three men arrested for operating a butane canister refilling business.
In his nine-page counteraffidavit, Osmeña said the complaint should be dismissed outright since the allegations do not contain any averments that would constitute the elements of obstruction of justice.
“There can be no obstruction of justice nor can there be any misconduct or grave abuse of authority when the respondent (Osmeña) is simply protecting the constitutional rights of the persons being illegally arrested and detained by the police,” reads a portion of the affidavit he filed last Friday.
Osmeña said that being deputized by the law as representative of the National Police Commission, he can order the arrest of any person if justified or order them released if not justified.
As a mayor, he has the authority to order policemen who are mere agents of persons in authority and who are under his operational control and supervision to release “illegally detained” persons.
To recall, Cebu City Police Office Director, Senior Supt. Royina Garma, filed criminal and administrative cases against Osmeña for alleged obstruction of justice, grave abuse of authority, misconduct, and violation of Code of Conduct and Ethical Standards for Public Officials and Employees.
In the complaint, Garma submitted the sworn affidavits of Parian police, blotters of the incident, as well as a copy of the CCTV footage inside the Parian Police Station.
She also submitted affidavits executed by PInsp Emmanual Lumancas, SPO2 Protacio Meredores, PO2 Leigh Vincent Gonzalve, PO2 Ronelle Jay Ocariza, PO1 Nestor Abasolo, Jr., and Garma.
Osmeña denied allegations he obstructed justice by releasing the three men the Parian Police arrested.
The mayor said none of the allegations in the affidavits of the police stated that he prevented witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats.
Osmeña said the affidavits of the police do not say that he altered or destroyed any evidence that can be used in the criminal cases, adding, that there were no allegations in the affidavits that he concealed and facilitated the escape of the butane canister vendors.
The mayor also said the allegations of the police did not say that he publicly “used a fictitious name” to conceal a crime, evading prosecution or the execution of a judgment.
There were none of the allegations that stated that he delayed the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayad, or in the courts, he said.
“There was also nothing in respondent's (Osmeña) actions that indicated misconduct or that he was abusing his authority as city mayor. The truth, he was merely responding to a request for assistance by his constituents who reported to him about the illegal arrest of the vendors and the illegal seizure of butane canisters,” he added.
INCIDENT
Police said they arrested the three men on August 24 for their involvement in refilling butane canisters with liquefied petroleum gas at a public market in Barangay T. Padilla.
The three weren identified as Ramir Amaca, 33, of Mandaue City; Romeo Appareca, 42; and Romeo Cuevas, 57; both from Cebu City.
Osmeña said he arrived at the Parian Police Station at 11 p.m. on that day after receiving text messages from relatives of the men arrested.
He said the policemen at the station did not stop him from letting the three vendors go home.
The mayor said the vendors already filed on September 24 this year before the anti-graft office their letter-complaint against the police who “illegally arrested” them.