CITING the lack of interest of and the failure by 20-year-old Samantha Elise Benitez to turn over evidence, the Cebu City Police Office (CCPO) yesterday terminated its investigation on the alleged threat by the son of Cebu City Mayor Tomas Osmeña.

“Without the testimonies of the aggrieved party and the evidence to back it up, the case cannot stand,” CCPO Director Patrocinio Comendador told reporters yesterday.

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Samantha’s family will be relocating to the United States by Oct. 15. Her mother, lawyer Sandra Diores-Smits, said they are no longer interested in filing any case and will not be turning over evidence.

Despite the development, Osmeña filed yesterday his 30-day leave of absence at the Human Resources and Development Office (HRDO).

He said the developments may change his plans, but he has not decided on the matter yet.

“I might decide later on but I have not thought about it yet, I already filed my leave of absence,” Osmeña said in a radio dyHP interview, when asked if he would cut short his leave.

Samantha earlier accused Miguel Osmeña of harassing her by shooting her camera and leaving it at her home’s gate and sending her threatening text messages. Miguel allegedly got angry that Benitez left his girlfriend Ana Gabriela Beatriz Villegas who passed out during a drinking binge last Sept. 11.

The termination of the investigation was contained in a two-page report by Senior Insp. David Señor, Mabolo Police Station chief, and approved by Comendador. Señor was designated to handle the investigation.

Comendador, however, pointed out that Benitez still has one year to decide whether to pursue charges against Miguel. The charge will prescribe in a year, said Señor.

Señor said he, Insp. Anecito Gesalago, SPO4 Riolito Jacalan, chief investigator of the police station, and former police station chief Claudio Casiban tried to persuade Benitez and her family to cooperate in the investigation. He said they asked the family to turn over the damaged digital camera and the cellular phone that contained the threatening text messages.

Police said their last communication with the family was on Sept. 30, when they spoke to Benitez’s father, Benjamin Smits.

Benjamin reportedly told Jacalan they will not pursue any case against Miguel. Señor said they spoke with the Benitezes at least four times to ask them to help in the investigation.

Señor said in his report to Comendador that the only evidence on the case was the entry in the police blotter. He said there are “no circumstantial evidence and direct evidence for now that could prove that indeed a crime has been committed and Miguel Osmena is probably guilty,” the report said.

Bars

Meanwhile, at least 14 other resto-bars surrounding the University of San Carlos (USC) main campus will be investigated for operating without business permits, including one that has been reported to Cebu City Hall for serving liquor to minors during the day.

City Treasurer Ofelia Oliva said yesterday that two branches of Dark Planet resto bar on Osmeña Blvd. are operating without business and occupancy permits.

However, these were issued licenses to sell liquor, which surprised City Councilor Sylvan Jakosalem.

Jakosalem asked the City Treasurer’s Office (CTO) check the records of Dark Planet following the incident involving Philippine Drug Enforcement Agency (Pdea) agents there last Tuesday.

The agents reportedly entered the bar to stage an entrapment but did not push through with it because the bar’s security guards called the police when the agents refused to surrender their firearms.

“The CTO found out that Dark Planet also does not have business permit. But it has a liquor license even without the consent of USC, which is just 100 meters away.

How can it have a liquor license when the business permit is a pre-requisite for a license to sell liquor? Something is really wrong here,” Jakosalem said.

Consent

As required in the Cebu City Liquor Licensing Code, food and beverage establishments within the 100-meter radius from schools and hospitals need to get the consent of the school or hospital management before they can be issued a special permit to sell liquor.

Jakosalem said that he already informed Mayor Tomas Osmeña about Dark Planet, “and he wants a full investigation on it.”

At City Hall, Oliva said she will submit to the City Attorney’s Office their report on the food and beverage establishments that are operating without permits, so a show-cause order can be sent to the owners for them to explain in writing why they should not be closed.

She said, though, that Dark Planet paid for its special permit.

“But that’s not the main permit. Before they can operate, they need to have a business permit. I will endorse this to the legal office so they can be asked to explain why they have not complied with the permits,” said Oliva.