Case vs guard in Sinulog theft dropped
By Gerome M. Dalipe
Tuesday, January 31, 2012
CEBU CITY -- There was nothing but “suspicions and insinuations” against the security guard previously blamed for the loss of some P1.68 million from a government office during the Sinulog in Cebu City.
Saying that, the Office of the Cebu City Prosecutor (CCPO) dismissed Monday the qualified theft complaint filed against Joselyndon Jabagat.
Assistant City Prosecutor Gandhi Truya recommended the dismissal of the complaint, saying the allegations raised against Jabagat over the January 16 loss were based on “suspicions and insinuations.”
“The undersigned deemed that these are not evidence and cannot even be considered circumstantial, absent material and concrete proof pointing at him as the perpetrator or that he conspired with someone in the commission of the offense,” Truya said in his five-page resolution.
City Prosecutor Nicolas Sellon approved his resolution and pointed out “very intriguing matter” such as the police’s failure to present photos of the burglarized vault during the inquest proceedings.
“This is very important in order to know whether or not the vault itself, in contrast to its mere outside cover which can be opened by a key, was forcibly opened and destroyed by an alleged robber who entered the admin office,” Sellon wrote in his concurring resolution.
Relief
While they waited for the resolution, Jabagat was accompanied by his wife, Marilyn, and some members of his family at the prosecutor’s office.
“Mura ko’g na-ibtan ug tunok (A thorn has been removed from me),” Jabagat said.
The guard and his wife thanked God and their lawyer, Gloria Lastimosa-Dalawampu, for the outcome.
Jabagat said he would ask his employer, Golden Dragon Security Agency, to reassign him elsewhere.
He also vowed to press charges against workers of the Sinulog Foundation, whom he accused of selling beverages to the public that were supposedly donated for free distribution to the Sinulog guests.
The Investigation and Detective Management Branch of the Cebu City Police Office attached the affidavits of three witnesses -- a security guard and two utility workers of the Sinulog Foundation -- in support of the complaint against 40-year-old Jabagat.
Ricardo Ballesteros, Sinulog executive director, and two other witnesses executed their affidavits affirming the loss of the money, but did not directly point to Jabagat as the one who stole it.
No warning
The missing amount included the foundation’s refund of financial assistance amounting to P880,000; honorarium for the grand finale, (P57,000); petty cash, (P10,000); unclaimed salary, (P11,000); ticket sales, (P8,485); and a camera worth P9,000.
Jabagat, in his counter-affidavit, denied the allegations and argued there was no witness account identifying him as the burglar.
He pointed out there was no evidence he was caught in possession of P1.68 million or any device used to destroy the vault.
The guard added he was not even informed that the vault contained that much cash, nor did he have access to the vault of the administration office.
In the resolution, Prosecutor Truya agreed with the guard’s defense that witnesses did not state that the guard was in possession of the loot or any instruments used in the commission of the crime.
“It is important to note that other people had access to the administrative office or to the money and vault itself at the inclusive time of the loss, hence, filing of the instant case against respondent gives the impression that he was singled out simply because he was acting suspiciously.”
Subjective
While the guard might have shown “badges of negligence” in carrying out his duty and “acted suspicious,” Truya pointed out that these are “subjective” observations and not evidence of theft.
Interviewed separately, a police official said they will pursue other leads in the case.
“Our investigators will continue their operations to crack this high-profile case,” Cebu City Police Director Melvin Ramon Buenafe promised.
Atty. Dalawampu said she was convinced from the start that her client was not to blame.
“Wala gyu’y bisan gamay nga ebidensiya nga makaingon si Joselyndon mao’y nagkawat (There wasn’t a shred of evidence against Joselyndon),” she said.
The Danao City attorney said her client may also file administrative cases against the witnesses.
Jabagat was released from the detention cell of CCPO right after the resolution of the case, after barely two weeks in detention. (With Davinci S. Maru/Sun.Star Cebu)