Cebu local news (daily update)

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-------------------------------------------------OCTOBER 26,2011-------------------------------------

Malacañang flip-flops: Plot vs Aquino bared, denied

CEBU, Philippines - There is no destabilization plot.

This was the clarification issued by Malacañang yesterday.

In the Visayas, there is no demoralization, assured Lt. Col. Christopher Tampus, spokesman of the Central Command, in light of reports there are plots by soldiers to destabilize the administration of President Benigno ‘Noynoy’ Aquino III.

Tampus said that their troops are angry and sad about the death of 19 Army soldiers in Al-Barka, Basilan last week, but not demoralized.

Meanwhile, Undersecretary Abigail Valte, deputy Presidential Spokesperson, corrected an earlier statement that she issued.

Valte said that there are no plots against the administration of Aquino despite reports that sol diers are disappointed with the president’s response to the Basilan incident.

Tampus told The FREEMAN that the men and women of the Armed Forces of the Philippines (AFP) are professionals.

“What the AFP is doing is to do actions through objective, deliberate and calibrated response,” Tampus said in a phone interview.

Of the 19 killed, there were four officers.

It was reported that six of those killed were wounded during the firefight and were taken by the Moro Islamic Liberation Front (MILF) rebels.

They were later found dead. The troops were checking the area for the presence of bandits and their kidnap victim when fired upon by the MILF.

The blame game started even before the smoke of the gun battle cleared.

The MILF said that the troops entered their territory, which is a violation of the ceasefire in relation to the peace talks they are holding with the Philippine government.

The AFP said that the area where the clash took place was not among the Areas of Temporary Stay (ATS) that have been defined as off limits to the troops. The ATS, according to Lt. Col. Randolph Cabangbang spokesman of the Western Mindanao Command, was still four kilometers away from where the firefight took place.

Tampus said that the AFP is now investigating the incident.

The Central Command covers the whole Visayas area encompassing three regions and is considered as the biggest among all area commands. It is headed by Lt. Gen. Ralph Villanueva.

Correction

Valte, who was interviewed by in the ANC On the Scene program, said “We would like to correct initial reports that we had confirmed there are destabilization plots…It is not true.”

She said that Malacañang is, however, aware that there are people who just want to ride on the issue and arouse the emotions of the public.

“I’m just jumping off the President’s statements (last Monday) that there are some who are taking advantage of the recent incident in Basilan,” she said.

In a statement on Monday, President Aquino said, “Let me remind everyone that there are those who will try to use this incident to gain political leverage and further agitate the public. Rash decisions fueled by a thirst for vengeance can only serve to dishonor the memory of the 19 brave souls who died last week, and the many others lost in our efforts to win the peace.”

Aquino said that his administration is turning down calls for an all-out war against the MILF.

Instead, he said, the government will pursue all-out-justice against lawless elements, even if it means that some members of the MILF will be affected. — with reports from ABS-CBN/NLQ (FREEMAN)

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Shipbuilding firm cries foul vs LTO agent

CEBU, Philippines - Tsuneishi Heavy Industries (Cebu) Inc. yesterday complained before the Land Transportation Office-7 after they were allegedly harassed by a member of Task Force Alpha who apprehended their company vehicles in Barangay Pusok, Lapu-Lapu City, convinced they were vehicles-for-hire without a franchise.

Tsuneishi security manager Clarence Martinez told The FREEMAN that Merlo Surilla flagged down three of Tsuneishi‘s service vehicles that were transporting their guests, Japanese shipowners, to a restaurant in Mandaue City 6 p.m. last Friday.

When Surilla said one of the vehicles was colorum, its driver, Lino Dieng protested, insisting that company vehicles do not need franchises.

“Misuway ko og estorya niya kun unsa ang among violation apan wala man ko niya pamati-a,” Dieng said. When he insisted on pursuing his point Surilla cited him for discourtesy.

Surilla told Dieng that his concerns can only be settled at the LTO-7 office, adding that they are not allowed to discuss matters with violators to prevent further problems.

As Dieng reportedly tried to reason with Surilla, his passengers left the vehicle and hailed a taxi cab.

“Amo nalang gipasakay among mga guest sa taxi aron makaabot sila sa restaurant. Bisan nahadlok mi nga sa seguridad sa among mga guests nga mga tag-iya og barko,” Martinez said.

Martinez also alleged that another of Surilla’s colleagues reportedly harassed their guests by asking them needless questions, one of which was if they were really Tsuneishi VIPs.

He said his guests did not deserve the bad treatment they received, as investors in Cebu they should have been treated accordingly.

Surilla also reportedly made the same “colorum” citation for another Tsuneishi vehicle but let the third one off because the driver was his friend.

Surilla told The FREEMAN that he was simply doing his mandate, adding that what happened was just miscommunication between the two parties involved.

He said as deputized officers, they are not allowed to settle issues concerning violators upon apprehension.

“Di man mi-pwede mo try og settle sa mga reklamo sa among mga dinakpan, amo sila i-refer dayon sa office,” Surilla said.

Surilla admitted he apprehended Dieng after being convinced the vehicle was being used for commercial purpose to ferry passengers without a franchise.

However, on Monday, a representative from Tsuneishi settled the issue by paying a fine of P500 for the discreetly after Dieng reportedly insisted.

LTO-7 director Raul Aguilos said the issue was already resolved. He even defended his men that they were only following their mandate.

“Mao gyud na ang directive, they are not allowed to settle problems when they apprehend,” he said. —/BRP (FREEMAN)

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City to sue banks that pay Ralloses

CEBU, Philippines - Cebu City legal officer Joseph Bernaldez warned the managers of the city’s three depository banks that the city will sue them if they will grant the order of the court sheriff to garnish the city’s deposits with their banks.

Bernaldez, in his letter dated October 24, 2011 that were sent to Philippine Postal Banks, Philippine Veterans Bank and Land Bank of the Philippines, reminded the managers that the garnishment of public funds is illegal.

He cited a recent Supreme Court ruling in the case of the City of Caloocan vs. Allarde where the High Tribunal ruled in favor of the local government unit.

“All government funds deposited in the PNB or any other agencies or instrumentalities, whether by general or special deposit, remain government funds and may not be subject to garnishment or levy, in the absence of a corresponding appropriation as required by law,” the Supreme Court ruling read.

The city lawyers already filed motions before the Regional Trial Court asking the court to quash the writ of execution, to set aside the notice of garnishment against the city funds.

Court sheriff Eugenio Fuentes Jr. already issued orders to Nicanor Valles, manager of the Philippine Veterans Bank, directing him to deliver to the court the amount of P2,699,479 and P1,334,719 for the court’s share from the P133,469,962.55 final judgment of the court in the collection case in the case of Rev. Fr. Vicente Rallos vs. the City of Cebu.

The bank’s chief legal counsel Roel Costuna said that considering that there is no temporary restraining order, injunction or status quo order from the court against the enforcing sheriff “therefore no legal impediment to comply with the above demands of the sheriff who is acting within his rights for the delivery of the garnished funds.”

But the city lawyers said they are “warning all bank managers and or depository banks of the City of Cebu to act with prudence and refrain from hastily releasing the funds of the city. The city will take appropriate actions, whether civil, criminal, and administrative actions against any and all officers of the depository banks for any premature release of public money owned by the City of Cebu.”

The City Council in 2002 also made the same threat against the bank that allows the garnishment of the city’s deposits amounting to P34.9 million to the heirs of Rallos but failed to make good the threat.

The controversial lot Rallos heirs want the city to pay for is now called as M.L. Aznar Street. But the city lawyers said the road has been identified already by the Ralloses to be made a road in 1941 and it will be for public purpose.

Meanwhile, Lucina Rallos again filed indirect contempt charges against the city in relation to the judgment debt.

Rallos filed indirect contempt against Mayor Michael Rama, PVB President Ricardo Balbido Jr. and Valles. She said because of the refusal of the bank to deliver to the plaintiffs of the judgment debt P133,469,962.55 despite the notice of garnishment she filed indirect contempt. — (FREEMAN)

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Camarillo pressured to certify CH budget?

CEBU, Philippines - Cebu City Vice Mayor Joy Augustus Young yesterday claimed that the city treasurer was only pressured to certify next year’s proposed P11.8 billion budget submitted by Mayor Michel Rama.

Young said acting city treasurer Tessie Camarillo admitted to him that there were pressures for her to certify even if she knew that the city’s income would not be enough to fund the 2012 budget.

The vice mayor, however, refused to elaborate when asked who pressured Camarillo into certifying the budget. Camarillo also did not take calls from the Freeman to confirm Young’s claim.

Contrary to Young’s claim, however, it was Rama who claimed to have been “pressured” into signing the budget proposal.

“Gidali-dali pa ko nila pagpirma,” Rama told reporters.

Young said Rama’s statement is expected saying “mao man g’yud na siya, manghunaw man dayon. Mao bitaw na nga hinganlan siya sa ubang kapitan og washing mayor.”

Young added that Camarillo was also advised by former city treasurer Ofelia Oliva to take a leave of absence following Rama’s statement that he does not like his subordinates to refuse challenges.

The mayor’s statement came after Camarillo was quoted in media reports to have said that the city’s revenues would not be enough to fund the budget next year. According to Young, he does not want Camarillo to go on leave because it would mean that the City Council could no longer ask her during the budget hearing.

He explained that if Camarillo goes on leave assistant city treasurer Emma Villarete will take her place in an acting capacity and would be the one defending the budget in the council.

Camarillo, however, said she will not go on leave unless Rama recommends to the Bureau of Local Government Finance for her replacement.

Camarillo’s relief is being anticipated after Rama admitted that he was disappointed by the former’s statement that the city may not be able to fund the budget next year.

Rama, in an interview, said he would not have approved the budget proposal had Camarillo told him that the projected income is not attainable. — (FREEMAN)

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Rama eyes talks with Mandaue on issues over garbage, PUJs

CEBU, Philippines - Cebu City Mayor Michael Rama is open for a dialogue with Mandaue City officials on two issues involving the two cities.

The dialogue hopes to end the disagreement between the two local government units which has serious implications on public welfare.

Cebu City, through an ordinance passed by the City Council, banned inter-city Public Utility Jeepneys from its major thoroughfares which has heavily affected the Mandaue City-bound PUJs.

In a perceived retaliatory move, Mandaue City also banned garbage trucks from Cebu City to pass through their area on their way to a private landfill in Consolacion.

Rama said he is willing to dialogue with the city officials of Mandaue City to thresh out the issues.

However, the Mayor said he needs to consult the City Traffic Operations Management first beforehand to ensure a smooth flow of traffic in the city roads.

Vice Mayor Joy Augustus Young, on the other hand, said that the Council is willing to repeal the ordinance that bans inter-city PUJs in Cebu City’s main roads.

But Young said there still has to be a regulation to avoid traffic congestion. The operators and drivers of Mandaue City-bound PUJs, particularly the Nagkahiusang Driver sa Sugbo (Nadsu) and the Mandaue United Drivers and Operators Association (MUDOA), have made two separate suggestions for their routes once granted to ply again in the city roads.

But city administrator Jose Marie Poblete said the suggestions will be studied by the traffic authorities of the city.

Young said he shared the sentiments of the parents of the students coming from neighboring cities and municipalities and the commuters in general, who have been affected by the provisions of the City Ordinance 1837.

The ordinance which was enacted during South District Rep. Tomas R. Osmeña’s administration as mayor of Cebu City, provides that PUJs plying in various routes outside the city shall be allowed only up to the accredited terminals. The purpose of the ordinance is to address the traffic problem of the city.

Meanwhile, Rama has assigned people to negotiate with Mandaue City officials regarding the ban imposed against Cebu City’s garbage trucks.

Rama said that both issues on banning of PUJs in Cebu City and banning of garbage trucks in Mandaue City must not be associated with each other because one deals with traffic and the other is about addressing the concerns of the environment department on solid waste management.

Rama earlier suggested that both traffic bodies of Cebu City and Mandaue City will sit together to discuss these matters.

Early this week, city officials went to Mandaue City to appeal to Mayor Jonas Cortes to allow city garbage trucks to pass through the city roads going to Consolacion.

Cebu City eyes the private landfill in Consolacion as a diversion landfill where the city’s 200 tons of garbage everyday will be dumped. Should Mandaue City refused the appeal, the Cebu City government is planning to take the Casili route which has better road conditions than the Pit-os to Cabangahan, Consolacion to Brangay Pulog. — (FREEMAN)

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Ellah Joy kidnap-slay 6 witnesses now under protection

CEBU, Philippines - The Department of Justice has placed under provisional protection six of the 15 witnesses in the kidnapping with homicide case against Bella Ruby Santos and her boyfriend Ian Charles Griffiths.

State prosecutor Llena Ipong-Avila said the six are vital witnesses in the case. They will be under provisional protection of the DOJ until their applications for permanent protection under the Witness Protection Program are approved by the DOJ central office in Manila.

“The provisional protection is automatically given in our level but to place witnesses in permanent protection until the case will be terminated, the Central Office has to decide on it,” Avila said.

According to Ipong, the provisional protection normally last for three months. She said they expect that the DOJ Manila will also have the final decision on the witnesses’ application by then.

Ipong said they have already endorsed the application for witness protection coverage of these vital witnesses to Manila. An evaluator will be assigned to look into their applications.

“If the evaluator finds that there is a risk in the life of the witnesses, the DOJ Central Office will grant the applications but if there was not the Office will terminate the protection,” she said.

Avila admitted that some of the witnesses were either hesitant or not willing to stay in the DOJ safe house. She said they are persuading them to stay in the safe house for their protection.

The police earlier said that some of the witnesses against Santos and Griffiths have been offered cash to withdraw their testimonies. One of the members of the Task Force Ellah Joy who requested anonymity even admitted that one of their vital witnesses has already showed signs of possible withdrawal.

The source said, should this witness recant, one face of their case will collapse. According to the source, they can no longer prove the homicide aspect of the case.

Defense counsel Rameses Villagonzalo, however, denied reports that his clients were trying to bribe the prosecution witnesses.

He even challenged the Task Force Ellah Joy to prove their allegations by filing charges.

Santos and Griffiths were charged with kidnapping with homicide over the death of six-year-old Ellah Joy Pique in February.

Pique was abducted in the afternoon of February 7 on her way home from school in Calajo-an Minglanilla. A Caucasian-looking male and a Cebuana companion were tagged as the suspects.

Pique’s body was found dumped in a ravine in Barili a day after her abduction. —(FREEMAN)

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SC dismisses MTCC sheriff from service

CEBU, Philippines - A court sheriff in Cebu City was dismissed from the service after he was found guilty of gross neglect of duty and gross inefficiency in the performance of duty by the Supreme Court.

The SC en banc ordered the dismissal of Sheriff III Aniceto Boyles of the Municipal Trial Court in Cities (MTCC), Branch 2 in Cebu City. The high tribunal likewise ordered the forfeiture of all his retirement benefits and with prejudice to re-employment in any branch or instrumentality of the government including government-owned and controlled corporations.

The SC, however, allowed him to receive his accrued leave credits.

Boyles was found guilty of the administrative charges because of his alleged failure to implement a writ of demolition within the prescribed period, disregarding the rules of execution. He also failed to make periodic reports. The case stemmed from a complaint filed by Teresita Boylon against Boyles for neglect of duty.

Boylon said she is the daughter of Asuncion Guerrero, the plaintiff of a civil case filed before MTCC Branch 2. On behalf of her mother, she moved to implement the final and executory decision of the civil case which the court issued a writ and assigned it to Boyles.

She said Boyles did not show up twice during the scheduled demolition of the illegal structures on their property in 2005. The respondent offered varied excuses to justify his non-appearances.

Boylon said in 2006 and in the first quarter of 2007, the writ remained un-served and because of the delay of the implementation of the writ, she already asked the court’s intervention prompting Boyles to serve the writ.

Boyles however assigned a certain Manuel Tipgos to serve the writ for him. Boyles denied the complaint and moved for its dismissal.

He said they tried to serve the notice in January 18, 2007 but the gates of the property were locked and no one answered their calls prompting him to request Tipgos, who is not a party to the civil case to deliver the notices to his neighbors. — (FREEMAN)

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Tanod's gun goes off during game

CEBU, Philippines - The chief tanod of Barangay Cabungaan in the northern town of Catmon accidentally shot his relative when his revolver, which was tucked on his waist, fell to the ground while they were playing basketball last Monday afternoon.

Charlie Duran, 24, a motorcycle-for-hire driver, sustained a gunshot wound on the right side of his neck. He was rushed to the Juan Dosado Memorial Hospital in the neighboring town of Sogod and was later transferred to the Don Vicente Sotto Memorial Medical Center in Cebu City.

The chief tanod, Beneto Suday, 54, voluntarily surrendered to the police after the incident. He was detained at the Catmon police stockade and is expected to be released today.

The .38 revolver was reportedly loaded with six bullets. The gun, including its five remaining bullets and one empty shell are now under police custody.

Suday and Duran were playing basketball at the barangay’s basketball court when the gun slipped off Suday’s waist and fell to the ground in the middle of the game. It went off and hit Duran.

SPO2 Elvis Archie, chief of the Catmon Police, said they will submit the revolver to the Firearms Explosives Security Service Agency and Guards Supervisory to check if it is licensed.

If the gun is not licensed, Suday may face charges for violation of illegal possession of firearms even as the families of the two men agreed not to pursue a case.

Tanods are only allowed to carry a baton locally known as “batuta”.

Just last month, three children were wounded after a security guard believed to be under the influence of liquor accidentally fired his gun while on duty at a restaurant in Barangay Lahug, Cebu City.

The security guard, John Carlos Rafols of the Sikatuna Security Agency, had admitted having taken liquor before going to work at 7pm.

The injured children are the children of his Korean employer. — (FREEMAN)

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City conducts inventory of guns

CEBU, Philippines - The city government started last Monday the inventory of all city-owned firearms in line with the Annual Report of Physical Count of Firearms required by the Commission on Audit (COA).

All departments, barangays and other agencies issued with firearms were directed to submit the guns to the General Services Office for inspection and stenciling of the serial numbers. Each unit would also be photographed.

An inventory team composed of representatives from the Office of the City Accountant, Internal Audit Services Office and COA is tasked to conduct the ocular inspection.

Last Monday, the Engineering Department, the Office of the Building Official, the Market Operations Division, the Department of Veterinary Medicine and Fisheries including the City Abattoir, the City Administrator’s Office and the Public Information Office submitted the firearms for inspection.

Thirteen other offices would have to submit their city-issued firearms until November 11, including the City Traffic Operations Management, Mayor’s Office, Squatters Prevention and Encroachment Elimination Division, Cebu City Zoo, City Prosecutor’s Office, South Road Properties, City Disaster Council, Department of Public Services, GSO, Police and the courts.

The 71 barangays issued with firearms would have to turn the guns over to the city government.

Arlene Rentuza, chief of the Internal Audit Services Office, said the inventory is part of their annual routine as required by COA.

“This is to check the status and condition of our assets, whether they are lost, need repairs or destroyed,” Rentuza said.

She said they also need to know if the gun is being used by the person whose name appears in the acknowledgement receipt for the gun. A lost firearm would have to be replaced or paid for by the person accountable for it. COA will assess the value of the lost item.

Last July, GSO reported that eight firearms were lost, including those issued to a city councilor, a former mayor and barangay captain.

The city government has over 500 firearms kept in its vault while the rest are issued to department heads, barangay captains and other agencies. — (FREEMAN)

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Level 2 pusher falls in Tejero

CEBU, Philippines - A level two drug pusher was arrested at his house in Villagonzalo 2, Barangay Tejero, Cebu City yesterday dawn.

Jesus “Tito” Dequitos, 57, a resident of the place, was arrested following a search of his residence that yielded a box containing 10 medium packs of white crystalline substance, which were later found to be shabu.

Authorities applied for a search warrant from the court following numerous complaints from residents in the barangay. The Movement Against Drugs hotline of the Cebu City Police Office logged the complaints.

The search warrant was issued by Regional Trial Court Executive Judge Soliver Peras and was served by elements of the Cebu City Police Office Intelligence Branch headed by Chief Insp. Romeo Santander.

“Dugay na gyud ni namo siyang gi-obserbahan kay dugay naman sad ni siya sa target list sa pulis,” Santander said.

He said Dequitos and his daughter were arrested previously in 2009 for selling illegal drugs.

“Nadakpan na sila sa before, but I do not know what happened nganong nakagawas sila kay wala paman ko ato,” Santander said.

Dequitos has allegedly been operating for years. In the past, he was subject of complaints from parishioners of the Blessed Sacrament Church after his customers, who were reportedly taxi drivers, allegedly parked their taxi units at the church’s parking area to buy the drug from him there.

The box containing the packs of shabu was found at Dequitos’ room.

The seized contrabands are equivalent to a pack of shabu which costs around P35, 000. The police also recovered cash totaling P38,040 from various areas inside the suspect’s house, which police believe to be his earnings.

Dequitos did not resist arrest, but denied owning the packets of shabu.

He is currently detained at the CCPO detention cell while awaiting the formal filing of charges against him. — (FREEMAN)