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Wednesday, March 02, 2005
ABC officials nabbed, post bail
Elements of the Cebu Provincial PNP Office Intelligence Unit arrested yesterday nine of the 10 barangay captains who compose the Association of Barangay Council (ABC) board because of a case they are facing before the Sandiganbayan.
Eugenio “Jingjing” Faelnar, Sisinio Andales, Fortunato Parawan, Daido Abcede Jr., Michael Ocleasa Sr., Michael Ralota, Nemesio Pagador Jr., Nilo Tariman and Jerry Guardo were immediately released from custody, however, after posting bail.
In the order of arrest he issued, Sandiganbayan Associate Justice Gregory Ong pegged P30,000 bail for each of the officials.
Still wanted
Inayawan Barangay Captain Licerio Jaca remains wanted by law. He was not around when the Intelligence Unit operatives dropped by his house to take him into custody. He is to be arrested on sight.
Faelnar and the other barangay captains wanted to post bail for Jaca, who they said is still out of the city on business, but they were not able to because Jaca needs to be photographed as part of the bail posting procedure.
But Faelnar and the other barangay captains were in a jovial mood when the police brought them to the Regional Trial Court (RTC) to process their bail and get their release documents.
He said they actually gave themselves up to the police so they could post bail before RTC Executive Judge Simeon Dumdum Jr. for the case that is pending before the anti-graft court in Manila.
The Office of the Ombudsman-Visayas filed the criminal case against the officials before the Sandiganbayan after a preliminary investigation on the complaint filed by Engr. Leah Rondez, formerly of the ABC.
Petition
Faelnar and the ABC officials filed a petition for certiorari before the Supreme Court but the High Tribunal, according to a one-page memorandum signed by Assistant Division Clerk of Court Lucita Abjelin-Soriano, denied it with finality last July 26, 2004, after finding that “no compelling reason exists to warrant a reconsideration thereof.”
The local anti-graft office actually resolved to file two actions against the officials but the Sandiganbayan threw out the first one outright for insufficiency.
Rondez worked for the ABC under the term of its previous head, Jose Navarro, but was fired in 2002 when Faelnar took over.
In her complaint, she not only described the termination of her service as illegal, she also accused the ABC officials of refusing to reimburse her official fuel expenditures and to release her terminal leave benefits.
In March last year, the Office of the Ombudsman-Visayas found basis in the charge that also led to an order suspending the entire ABC board for six months.
Evidence
The anti-graft office said there was evidence supporting Rondez’s complaint of illegal dismissal and the validity of her claim and ordered the suspension of the officials as penalty for oppression.
The CA issued an injunction against the suspension after the respondents, citing an SC ruling on an incident involving Sen. Lito Lapid, questioned the anti-graft office’s authority to issue final and executory penalties.
They tried the same ploy on the criminal case but, as evidenced by the Sandigan-bayan’s order of arrest, were unsuccessful. (KNR)
(March 2, 2005 issue)
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