Monday, February 12, 2007
Slain mayor's sis charged with theft
By Ben O. Tesiorna
THE Davao City Prosecutor's Office formally charged the sister of the late Monkayo mayor Joel "JB" Brillantes with theft after she was accused by the late mayor's common-law-wife, Nene Abijar, of stealing three printing press machines in October 2005.
Charged is Janet Brillantes-Diel, sister of JB and incumbent Monkayo Mayor Manuel "Jun" Brillantes.
Diel was accused by Abijar of stealing Solna 125, Minerva and Heidelberg that were stored inside the Magnetic Jones building in Ecoland on October 2, 2005.
The machines, estimated to be worth P1 million, are said to be owned by Abijar and were allegedly taken by Diel and two male companions from the establishment without Abijar's permission.
In her affidavit, Diel contended that the machines belong to her late brother and that they were merely transferring the machines to the JB Management and Mining Corporation office in Olaycon, Monkayo "upon instruction of the late Joel Brillantes."
Diel said "by operation of law," ownership and possession of the printing machines was transferred to JB's mother after the late mayor died in June 28, 2003. Upon JB's mother's death, ownership was then transferred to the surviving children, among them is Janet Diel.
In her affidavit, Abijar claimed JB is not the owner of the machines because they were not included in the affidavit of self-adjudication executed by Rose Belenson de Brillantes, JB's mother.
Abijar added that as JB's common-law-wife, ownership of the printing machines is governed by the rules on co-ownership as expressly stated in Article 147 and Article 148 of the Family Code of the Philippines.
In a three-page resolution dated January 30, 2007, Prosecutor Jose Garcia Jr. found probable cause to hold Diel for court trial.
Garcia said, "the contentions of Diel are matters of defense, which may well be elucidated during a full blown trial on the merits."
The theft case is just one of the many charges and countercharges between Abijar and the Brillantes family after JB's death more than three years ago.
For more Philippine news, visit Sun.Star Pampanga. For Bisaya stories from Davao. Click here. (February 12, 2007 issue)
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