Thursday, February 21, 2008 3 charges filed against CH official
SEPARATE criminal charges were filed yesterday against the Cebu City Hall official earlier caught receiving money in an entrapment.
The Office of the Ombudsman-Visayas approved the filing of the charges, one for violating the Anti-Graft and Corrupt Practices Act, another for misconduct and a third for what the National Bureau of Investigation (NBI) considers “robbery/extortion.”
The charges were filed before the Regional Trial Court (RTC) after the inquest proceedings at the anti-graft office.
Out of time
Atty. Rennan Oliva, the NBI supervising agent handling the case, said bail was set at P60,000. However, respondent Engracio Lumangtad ran out of time to post bail.
In the letter-complaint Atty. Medardo de Lemos addressed to Deputy Ombudsman Pelagio Apostol, the NBI regional director attached the original and supplemental affidavits of complainant Francisco Bontuyan.
There, Bontuyan narrated how Lumangtad asked for P50,000 to process his application for a tax declaration for a parcel of land in Barangay Pit-os, a residential area in Cebu City’s north district.
The land belonged to Bontuyan’s mother and stretches 2,426 square meters. Bontuyan needed the tax declaration to support the issuance of a title.
Solicitation
The solicitation, he said, was done in City Hall last Feb. 11. The payoff would likewise have been done inside the Office of the City Assessor.
Based on the complaint, Lumangtad allegedly instructed Bontuyan to remit the amount there.
The NBI, however, instructed Bontuyan to convince Lumangtad to take the transaction out of the office and somewhere more convenient, like Barangay Talamban.
Bontuyan, in turn, told Lumangtad that the money was still at the house of a cousin, Eliseo, in Talamban and that they’d have to pick it up.
“Immediately thereafter, the duo rode the white Mitsubishi Adventure owned by Engracio (Lumangtad) going to Talamban to get the money,” the complaint narrated.
While the transaction was still being finalized, the NBI had already formed three teams: one assigned to wait inside Eliseo’s house and the two other teams separately parked in a secure area 30 minutes away from the location.
“Complainant Francisco (Bontuyan) was instructed to send a pre-arranged signal to NBI operatives upon handling the marked money to Engracio (Lumangtad). He was instructed to wipe his face with a handkerchief,” the complaint read.
Bontuyan and Lumangtad arrived at the scene around 11:30 in the morning. Bontuyan then got out of the vehicle, entered Eliseo’s house and came back with the money.
“Francisco personally handed the money amounting to P45,000, which included the marked bills dusted with fluorescent powder, which (Lumangtad) received and accepted. While (Lumangtad) ran his fingers over the bills, (Bontuyan) wiped his face,” the complaint narrated. (KNR)