More evidence vs Tomas in butane case submitted
The Cebu City Police Office (CCPO) has submitted additional evidence before the Office of the Ombudsman-Visayas yesterday in an attempt to bolster the complaint it filed against Cebu City Mayor Tomas Osmeña.
In August 2018, the CCPO filed obstruction of justice, grave abuse of authority, misconduct, and violation of the ethical standards for government employees against Osmeña for allegedly taking custody of three men the police arrested for operating a butane canister refilling business.
Together with Douglas Labra, the officials from the CCPO submitted at around 2 p.m. the former’s affidavit before the Office of the Ombudsman-Visayas.
Labra, 57, a resident of Barangay Guadalupe, Cebu City, claimed that he knows Osmeña because he volunteered for the election campaign of the latter way back in 2013 and in 2016.
He would, likewise, assist Osmeña in offering livelihood projects to the mountain barangays of Cebu City.
“This livelihood project would entail the supply, for free, filled butane canisters. When the contents of the canisters have been depleted, he would offer a refilling service for a fee to the recipients of these canisters,” the affidavit reads.
To prove that Osmeña allegedly engaged in the butane business, Labra said he was able to screenshot the Mayor’s Facebook page where he admitted that he brought in the cans used in his butane business. These cans, he said were the same cans that he had refilled as part of his personal agreement with Osmeña.
Labra added Type O is the brand name of Osmeña’s business.
“Type O brand on the canisters was used by Mayor Osmeña to perpetuate his business and which helped him gain political mileage,” he stated.
On August 24, 2018, Labra said he learned through newspaper report that Osmeña allegedly facilitated the release of three detainees namely Ramir Amaca, 33, of Mandaue City; Romeo Appareca, 42; and Romeo Cuevas, 57; both from Cebu City. The three were allegedly involved in refilling butane canisters with liquefied petroleum gas (LPG) at a public market in Barangay T. Padilla.
Labra said he knew Amaca because he is the business partner of his brother-in-law, Benhur Zayas. The two allegedly engaged in the retail distribution of refilled butane canisters.
Amaca is also a customer of the “refilling business which Mayor Osmeña owned.”
OSMEÑA SEEKS CASE DISMISSAL
In November, Osmeña asked the Ombudsman to dismiss the complaint, saying it lacks probable cause.
In his nine-page counter-affidavit, Osmeña said the complaint should be dismissed outright since the allegations do not contain any 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 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 said 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.