Cebu local news (daily update)

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Notice issued to banks city to contest case 9/28/2011




A NOTICE of garnishment was issued by the court to Cebu City's four depository banks to enforce payment of money claims of the Rallos family.

Cebu City Mayor Michael Rama, who received the garnishment notice at his office yesterday, questioned the haste in the issuance of the notice.

He said there were typo errors on the document that bore the date May 29, 2009. “There is bad faith here,” he said.

Councilor Jose Daluz III said the wrong date appeared on the notice indicating lack of review and prudence in the issuance of said notice.

Rama insisted that the city shouldn't pay for the Rallos lot, which is assigned as a road lot.

“I have read the case and the decision several times and my view remains that there is no reason to make us legally bound to pay compensation,” he said.

Court sheriff Antonio Bellones yesterday served the notice of garnishment to four banks where the Cebu City government keeps its funds.

The notice also mandated the banks “not to deliver, transfer, or dispense of the properties belonging to the City of Cebu to any person, entity, without an order from the court that issued the writ of execution.”

The notice was sent to the Land Bank of the Philippines and Philippine Postal Bank located along P. Del Rosario Street and Development Bank of the Philippines and Philippine Veterans Bank along Osmeña Boulevard in Cebu City.

By Oct. 1, 2011, the city government would owe the Rallos family P133,469,962.55, including the principal amount of P44,213,000 plus interest accumulated through the years.

Proceeds of any city property that may be levied by the court in case of failure to pay would be delivered to the Rallos family.

About P39.4 million in City Hall funds were garnished in 2002 for the Rallos property.

The city government already paid P56 million for the Rallos lot expropriation case, which included the garnished money.

Rama said there is no appropriation in the city's P4.5-billion annual budget for garnishment.

“You cannot automatically garnish public funds,” he said.

City Treasurer Tessie Camarillo said the garnishment isn't automatic since the depository banks would have to relay the court order to the city and comply with documentary requirements.

Rama said the city is not yet giving up on the lot case.

“No retreat. No surrender (on the part of the city government). But as much as possible, we don't want to bring out what we are supposed to do next,” he said.

For his part, Rep. Tomas Osmeña of Cebu City's south district blamed Rama for refusing to follow the court order to pay the heirs of Rev. Fr. Vicente Rallos the P133.46 million for their property used for the right of way.

“He should pay, or else he should not be surprised if we won't own City Hall anymore,” Osmeña said. /By Doris C. Bongcac and Ador Vincent Mayol with Correspondent Patricia Andrea Pateña

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Cebu City fiscals back off from tabloid case 9/28/2011




THE Cebu City Prosecutors' Office withdrew from handling the complaint filed against one of two Cebuano-language tabloids accused of publishing “obscene” columns.

In a Sept. 26 order, Cebu City Prosecutor Nicolas Sellon granted Sun.Star Superbalita's motion for the office to inhibit from the case.

Sellon said that since he is a member of the Cebu City Anti-Indecency Board (CCAIB), which filed the complaint, “we cannot therefore blame the respondents for casting doubt on the neutrality and impartiality of the Cebu City Prosecutors' Office.”

He sent the complaint to Regional State Prosecutor Fernando Gubalane, who assigned the case to one of his staff.

Assistant Provincial Prosecutor Ferdinand Collantes will be the one to conduct the preliminary investigation and resolve the complaint against Sun.Star SuperBalita.

CAIB headed by chairperson Lucelle Mercado filed a similar complaint against Freeman Banat News, which is still pending.

Members of the CAIB, a body under the office of the Cebu City mayor’s office, include representatives of the Cebu City Prosecutors' Office, Cebu City Legal Office, Sangguniang Kabataan, Association of Barangay Council and private sector.

“The board, in filing the present case, already determined and decided that the controversial publications are obscene and indecent, serving no other purpose that to satisfy the market for lust and pornography,” Sellon said.

Sellon said the best decision is for the entire Cebu City Prosecutors’ Office to inhibit from handling the case. “Whether we file or dismiss the case, there will definitely be criticisms,” he said.

CCAIB filed separate complaints against Sun.Star SuperBalita and Freeman Banat News after the daily columns “From Junquera with Love” and “Wildflower” continued to appear despite the board’s appeals to their editors and publishers to “tone down” the “obscene” language.

The respondents allegedly violated Cebu City Ordinance 1408 or the Anti-Indecency Ordinance and Article 201 or the Revised Penal Code of the Philippines, which prohibits “obscene publications and exhibitions, and indecent shows.” /Reporter Ador Vincent Mayol

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‘10 years in jail, no less for man who killed mom’ 9/28/2011




Cebu City Prosecutor Nicolas Sellon yesterday described as “laughable” the proposal for a plea bargain that would reduce the possible prison term to only eight years for 25-year-old Christian “Lucky” Dalangin, who confessed to killing his mother.

“That could not be. The accusations were so grave: a son killed his mother,” Sellon told reporters.

Dalangin should be imprisoned “for 10 to 20 years,” Sellon said.

If convicted of parricide, Dalangin faces a penalty of reclusion perpetua or 20 to 40 years imprisonment.

A lesser offense of homicide could draw a prison term of at least a decade.

During the court proceeding last Monday, Dalangin’s father Virgilio asked that charges against the accused be downgraded from parricide to homicide.

Virgilio also sought a lesser penalty for his son, preferably eight years imprisonment.

The court will hear Dalangin’s plea during arraignment scheduled later today.

The arraignment was reset to give parties time to discuss a possible plea bargain.

Sellon instructed Assistant City Prosecutor Ricky Jones Macabaya, resident prosecutor of Regional Trial Court (RTC) Branch 18, to get the consensus of the family.

Usually, Sellon said, the decision of the husband is given much weight in dealing with plea bargaining agreements.

However, Sellon said the case against Dalangin is different since Virgilio and the victim had their marriage annulled.

“I instructed Fiscal Macabaya not just to consider the consent of the husband (Virgilio) as well as the decision if the victim's siblings and two sons,” he said.

A plea bargaining agreement should have the approval of the prosecution, defense and the court.

“If one party objects, the plea won’t be approved,” Sellon said.

He said the consent of the complainants has greater bearing, especially in the case of Lucky where the family feels for both the victim and suspect.

Dalangin will be arraigned before RTC Judge Gilbert Moises of Branch 18 today.

He earlier admitted killing his mother Rubirosa Tenchavez by slashing her throat on Aug. 23 after she scolded him over broken floor tiles and a damaged their computer.

According to the National Bureau of Investigation, which convinced the nursing graduate to be surrender and show them where he buried his mother, Dalanguin admitted using shabu before and during the crime.

Dalangin’s aunt Vivian Batayola said she was apprehensive about Virgilio’s request to lessen the criminal charge as setting a bad example. /By Ador Vincent S. Mayol and Patricia Andrea Pateña

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DILG gives ‘Seal of Good Housekeeping’ to 16 C. Visayas localities 9/28/2011




SIXTEEN local government units from Bohol and Negros Oriental provinces yesterday received the “Seal of Good Housekeeping” from the Department of Interior and Local Government in Central Visayas in rites at the Marco Polo Plaza in Cebu City.

DILG-7 Assistant Regional Director Elias Fernandez Jr. witnessed the distribution of the awards, which entitles the localities to the eligibility to access the Performance Challenge Fund an incentive to LGUs in the form of counterpart funding for projects in the Annual Investment Program.

In an interview, Fernandez said these LGUs applied and complied with the necessary documentary requirements to receive the award.

He said Cebu province did not apply for the award.

These municipalities cited were were Balilihan, Maribojoc, Clarin, Dauis, Loboc, Panglao, Pres. Carlos P. Garcia, San Miguel, Jagna and Ubay in Bohol and Amlan, Canlaon City, Tanjay, Bacong, Dauin and San Jose in Negros Oriental.

Meanwhile, DILG Secretary Jesse Robredo issued an order for the reshuffling of regional rectors in Central and Eastern Visayas and the Davao Region.

The order reassigns Director Pedro Noval of DILG-7 to DILG-8 based in Tacloban City, Leyte province.

However, DILG-7 Assistant Regional Director Elias Fernandez said they will wait for a clarification from the central office because Noval “has a special designation as OIC mayor of Compostela.”

Noval said he awaits a final decision from Robredo, who is abroad. /By Carmel Loise Matus, Correspondent

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Tom expects release from hospital today 9/28/2011




After a three-day hospital stay, Rep. Tomas Osmeña of Cebu City's south district said he expects to be discharged today and report to work in Congress this Friday.

He said doctors agreed to continue oral antibiotics.

“They had the antibiotic administered to me intravenously and that’s the only thing that’s keeping me here. I no longer have fever,” he said yesterday.

Osmeña was rushed to Chong Hua Hospital last Saturday after he experienced chills and fever due to a bacterial infection.

He said the doctors detected an infection in his blood.

“At first I thought it was just flu but as it turned out, it was an infection. We believe I got it from the dogs in the house,” he said.

Osmeña’s health condition has been in the spotlight since he was diagnosed with late-stage cancer of the urinary bladder. He was treated in the United States, had his bladder surgically removed, and was given a clean bill of health two years ago.

The congressman will stay at home for two days before reporting for work on Friday.

“I will be meeting with some Japanese businessmen to talk about the plans of transferring the Cebu Port to Lapu-Lapu City and the Mactan Cebu International Airport’s planned transfer to Cordova,” Osmeña told Cebu Daily News.

The congressman also criticized Basak San Nicolas barangay captain George Rama for spreading rumors that Osmeña would die from his recent illness. In a radio interview, Rama denied spreading that kind of talk.

“I was even praying for his quick recovery. I did not say that. Maybe he’s the one who wishes for his own death,” said Rama, uncle of Cebu City Mayor Michael Rama.

But Osmeña said he doesn't believe the elder Rama.

“He is a liar. I have friends who tell me about what he says. He tells other barangay captains, ‘Mamatay na man na si Osmeña (Osmeña is going to die),” he said.

Osmeña said his political opponents would be happy to see him dead “but it’s only God who decides if I’d be dead or not. I’m ready for anything. I know they want to hear that I’m dead including George Rama.”

His wife, Councilor Margot Osmeña, said she doesn't understand how people can think that way.

“Well, they might be enjoying themselves but I hope they don’t go through something like this,” she said.

The councilor said they are focusing on the prayers and support of their friends as of the moment. /By Edison A. Delos Angeles and Patricia Andrea Pateña,Correspondents

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Better Road Rev next time, organizers say 9/28/2011




A BETTER organized Road Revolution event was promised by organizers who apologized to the Cebuano public yesterday for Saturday’s road closures in downtown Cebu City that drew complaints from the passenger jeepney drivers and the riding public.

“We will give it more time and it will be more coordinated,” said Vince Cinches of the ecology group 350.org and one of the organizers in a press conference yesterday morning.

Cinches said the next Road Revolution experiment on November or December will close half of Osmeña Boulevard for pedestrians and open the other half for public transportation.

Cinches said the organizers will meet with business and transportation stakeholders to plan alternate routes and coordinate with commercial establishments during the road closure.

Their request is pending with the City Traffic Operations Management (Citom).

An ambient air-quality testing will also be requested from the Department of Environment and Natural Resources (DENR-7) during the activity, Cinches added.

Architect Joy Martinez Onozawa said the Road Revolution is aimed at reducing dependence on motor vehicles. She said Cebu City is designed for walking owing to its small, compact area.

Last Saturday, the entire stretch of Lopez Jaena, P. Burgos and part of Colon Streets was closed to vehicles to promote “fair sharing of public space.”

The group headed by ecology lawyer Tony Oposa Jr. submitted a petition to the Cebu City Council to reform the road system by allocating more space for pedestrians. /Reporter Candeze R. Mongaya

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NEWS BRIEFS 9/28/2011




PALEA STRIKE STRANDS PASSENGERS


PASSENGERS of Philippine Airlines (PAL) were forced to re-book their flights following yesterday's work stoppage by the company's union.

About four flights for Manila and five flights from Manila were canceled at the Mactan Cebu International Airport since 7 a.m. until 6 p.m. yesterday.

Passengers bound for Manila were ordered to disembark at the arrival area and took their luggage at the baggage carousel, said airport public affairs manager Mary Ann Dimabayao.

They were told to rebook their flights with PAL, which assured a waiver of rebooking fees and other charges. Each flight had more than 100 to 200 passengers depending on the plane’s capacity, said Eutiquio “Tex” Bulambot, Cebu board member of the PAL employees association.

Antonio Flores, PAL’s Human Resource manager for Southern Philippines, told reporters the company rebooked some of the flights and refunded others who booked in other airlines.

“On behalf of PAL management, we sincerely apologize to the riding public for the cancelation of flights caused by the mass action of our brothers and sisters,” he said. /Reporter Jucell Marie P. Cuyos and Correspondents Jhunnex Napallacan and Norman V. Mendoza



DOCTOR SUES CARCAR MAYOR


A PHYSICIAN sued Carcar City Mayor Nicepuro Apura and Department of Health in Central Visayas Director Susana Madarieta for closing down his clinic in barangay Poblacion II, Carcar City.

Dr. Lyndon Villegas said the officials delayed the issuance of permits for him to operate his Polyclinic and Laboratory.

Villegas asked the court to order the defendants to pay P250,000 in moral damages; P100,000 in exemplary damages; P50,000 for reimbursement of attorney's fees; and P50,000 for litigation expenses.

He is also seeking the issuance of a Temporary Restraining Order to stop the officials from “harassing and molesting” him and his staff.

Last Jan. 10, 2011, the doctor applied for a Mayor's Permit.

However, no permit was given. Last Sept 22, Alo said, policemen “swooped down” on his clinic and padlocked it.

Mayor Apura, in an interview, said he will face the charges in the proper forum.

He said he shut down the clinic on Madarieta’s orders after a couple complained that their wounded child died after being taken to the clinic. /Reporter Ador Vincent S. Mayol and Correspondent Carmel Loise Matus

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16-anyos napatay sa papa

CEBU, Philippines - Aksidenteng napatay sa kulata sa usa ka 44-anyos nga mananggiti ang 16-anyos nga anak nga mikuha sa ilang igpapalit og bugas ug gihurot og duwa og kompyuter.

Nahitabo kini niadtong Lunes sa buntag sa usa sa mga barangay sa lungsod sa Malabuyoc apan ang bata diha na nakabsi sa kinabuhi sa tambalanan. Ang bata human gikatahong nabunalan og saha sa saging ug gilaparo sa 44-anyos nga amahan human nawala ang kwartang igpapalit og bugas niadtong Lunes sa buntag.

Sumala pa sa kapolisan, ang biktima naglisod na sa pagginhawa dihang daling gidala sa amahan ngadto sa tambalanan sa M.J Cuenco Memorial District Hospital apan human sa dul-an sa tulo ka oras nga pagtabang sa mga doktor nakabsan kini sa kinabuhi.

Si PO1 Bella Donna Ybañez, imbestigador sa Women’s and Children’s Protection Desk sa Malabuyoc Police Station nagkanayon nga ang biktima gikulata og maayo sa amahan tungod sa kasuko niini.

Matud ni Ybañez nga miangkon ang bata nga iyang gikuha ang kuwartang gitagoan sa amahan ug iyang giduwa sa internet computer games hinungdan nga nasuko og maayo ang amahan.

Tungod sa kakusog sa paghapos nabungkag ang saha sa saging maong wala na kini mausbi og hapos apan gisagpa nalang kini sa amahan ug nakuyapan.

Matud ni Ybañez ang biktima maoy kamagulangang anak sa pito ka managsuon ug gikatakda untang mo-gradwar sa high school sa sunod tuig sa usa ka pampublikong tunghaan nga nahimutang ra usab sa maong barangay.

Gidugang niini nga ang amahan labihan gyung sukoa sa dihang nahibaw-an niini nga nawala ang iyang kuwarta ug wala na silay ikapalit og bugas alang sa ilang pamahaw.

“Nagmahay tuod siya pero wala na man siya’y mahimo kay patay na man,” matud pang Ybañez sa dihang nahinabi sa The Freeman igsuong pamantalaan sa Banat News kagahapon.

Matud sa amahan ngadto sa kapulisan nga ang iyang anak (biktima) kapila na manguha sa ilang kwarta ug makadaghan na nila kining gipahimangnoan apan wala sila paminawa.

Si Sr. Insp. Amadeo Pepito, hepe sa Malabuyoc Police Station mi-request sa PNP Crime Laboratory-7 aron ipa-autopsy ang patay’ng lawas sa bata pagtino kung unsay namatyan sa biktima.

“Posible lang dunay sakit unya wa lang sila kahibawo unya na-trigger atong pagsagpa sa amahan,” matud pang Pepito. (Ug Ria Mae Booc The Freeman/EIM) (BANAT)

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Trak ug multicab nagsungag 12 naangol

CEBU, Philippines - Naangol ang 12 ka tawo dihang ang multicab nga pasaheroan kalit nasungag sa gikasugat nga Fuso canter nga sakyanan sa dalan A.C Cortes Avenue sa barangay Cambaro, dakbayan sa Mandaue alas 2 pasado ang takna sa miaging kaadlawon.

Si PO1 Jeffrey Alpas sa traffic division sa Mandaue City Police Office (MCPO) nga nahinabi sa Banat News miila sa drayber nga nagmaneho sa multicab nga pasaheroan nga mao si Romel Aala Sulit, 33, nga taga barangay Buaya, dakbayan sa Lapulapu kinsa naapil sa mga naangol.

Ang mga biktima kansang mga pangalan wala pa makuha atol ning pagsulat sa balita gidala sa Mandaue City Hospital. Giila usab ni Alpas ang drayber sa trak de karga nga mao si Virgilio Aying Lopez, 41, taga sitio Soong sa barangay Mactan sa maong dakbayan.

Ang maong multicab gikan sa Lapulapu nga may pasahero apan pag-abot sa maong dapit nakasungag niini ang maong gikasugat nga trak.

Ang duha ka sakyanan maayong pagkaguba samtang nangapakong ang mga pasahero sa sulod sa multicab.

Si Solidad Capin nga maoy nurse on duty sa Mandaue City Hospital nga nahinabi sa Banat News miingon nga sagad sa mga biktima gagmay lang nga kadaot ang nahiaguman. (Romeo T. Limpangog/EIM) (BANAT)

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Tag-iya'g manggahan gipatay

CEBU, Philippines - Usa ka mag-uumang lolo nga nanag-iya’g kamanggahan ang gipusil patay makadaghang higayon diha sa iyang umahan kagahapon sa buntag sa bukirang lugar sa Cambinocot siyudad sa Sugbu.

Si Filipe Archival, 74, taga Purok 4 Ibabao sa maong barangay gitabangan og pusil sa tulo ka wala mailhing armadong mga lalaki kagahapon sa buntag.

Si Nelson, 43, anak sa biktima mitug-an sa kapulisan nga diha sila sa iyang amahan sa umahan apan mipauli siya aron mamahaw apan paglabay sa pipila ka minutos nakadungog nalang sila og sunod nga buto sa armas.

Si PO3 Ruth Violango sa Homicide Section sa Cebu City Police Office (CCPO) mitug-an nga usa ka mag-uuma nga babaye maoy nakakita giunsa ang biktima pagpusil patay sa tulo ka mga kriminal.

Matud ni Violango ang maong babaye pipila lang ka metros gikan sa nahimutangan sa biktima diin nakita niini ang tulo ka armadong mga lalaki nga nagtaptap sa ilang mga nawong nga naglakaw paingon sa nahimutangan sa biktima.

Narekober sa kapulisan diha sa crime scene ang duha ka empty shells sa wala pa matinong kalibre sa armas duol sa gihagbaan sa biktima. Samtang usa ka gituohang silencer ang narekober sa mirespondeng sakop sa Special Weapons and Tactics sa lugar.

“Amo pa gi-consider tanan nga mga angle kay matud sa iyang mga silingan buotan ug wala man siyay kaaway,” matud ni Violango. (Rey B. Pasaporte/EIM) (BANAT)