Cebu local news (daily update)

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-------------------------------------------------OCTOBER 22,2011-------------------------------------

Public hearing cancelled again


Provincial legal officer Marino Mantiquilla shows to the media land documents for the Ciudad project during a press conference yesterday. With him is Michael Dino, Fifth Avenue president and chief executive officer. JOY TORREJOS

CEBU, Philippines - The public hearing yesterday on the P1.2 billion Ciudad project was cancelled again after officials of the Department of Environment and Natural Resources failed to show up.

Over a hundred residents from barangays Apas, Bacayan, Guba, Talamban and Luz are supposed to attend the event at the Apas Barangay Complex, waiting for two hours for the DENR officials to arrive.

Also present were Cebu City south district Representative Tomas Osmeña, Vice Mayor Joy Augustus Young and officials of Fifth Avenue Development Corp. who are applying for environmental compliance certificate (ECC) from the DENR for the Ciudad project.

Michael Dino, Fifth Avenue president and chief executive officer, wanted to present the concept of the project to the public but this did not push through.

Young told Dino that if he would push through with the presentation, the crowd will be raising questions on the project without the DENR officials acting as moderator.

Osmeña then spoke to the crowd accusing the project proponents of misinformation.

“I’m not speaking against Ciudad but I want to correct the disinformation that they brought up. They said, it will create jobs, will hire workers and open up road? These are all lies,” Osmeña told The FREEMAN before he speaks to the crowd.

He said the public hearing will not push through because of the failure of the DENR officials show up.

Osmeña later talked to Apas barangay captain Ramil Ayuman as to why the public hearing was cancelled.

He also challenged the Cebu provincial government to open up the roads within the proposed site of Ciudad to ease traffic in the area.

Osmeña explained that if Ciudad project will open, many workers from other establishments will lose their jobs.

He cited that when SM City opened at the North Reclamation Area, many business establishments along Colon Street had closed due to lost incomes.

But Dino said businesses should not remain stagnant as there will always be competition.

“We have to move on and we have to think outside the box,” Dino told reporters in a separate interview.

He said they should not be blamed if there are businesses that will close because there will always be competition.

Dino also said establishments along Colon and in areas near Ciudad are even applying to do business at Ciudad.

He insisted that the Ciudad project, which has been delayed for five years, will create more than 2,000 jobs.

Dino, however, clarified that they don’t want to pick a fight with the former mayor.

Provincial legal officer Marino Mantiquilla said as to the opening of the road, it is not for Osmeña to decide but for the provincial government.

“There is already a commitment to open the road. As to when it will be open, magpaabot lang siya,” Mantiquilla said.

Tarpaulins hanging inside the complex said “Yes to Ciudad, Barangay Apas” and “Federation of Barangay Apas Residents Association Inc. supports Ciudad project.”

Proponents of Ciudad earlier submitted a plan to address the effects of the project on the traffic situation in the area.

Part of the plan is the opening of road networks inside Ciudad.

The postponed public hearing is tentatively rescheduled for November 22 when Osmeña returns from his trip to the United States — /LPM (FREEMAN)

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Student killed in skydiving accident

CEBU, Philippines - A medical student plunged to his death after his parachute failed to deploy properly last Thursday afternoon at the Ormoc City Airport.

The victim was identified to be Louie Raymond Pestaño, 24, of Victor Village, Barangay Punta Princesa, Cebu City.

Pestaño who is a student of the University of Santo Tomas, plunged to his death after his parachute did not deploy properly after he jumped from the plane in what was supposed to be his first skydive.

The Cessna plane piloted by Capt. Joseph Brent Chiong was at an altitude of three kilometers when the victim jumped off the plane around 3:30 p.m.

When the victim was estimated at 2.5 kilometers from the ground he opened his parachute but it reportedly twisted in mid-air and did not deploy properly. His impact with the ground was such that he was found seemingly partially buried in a ricefield already dead.

He was still rushed to the Ormoc City Sugar Planters Association Hospital where doctors said that the victim suffered numerous broken bones in various parts of his body.

The victim was assisted by his parachute instructor, Garry Soria of the Cebu Sky Diving Club and another unidentified companion. The police are currently investigating if there was human error involved in the incident.

The remains of the victim arrived in Cebu City yesterday. — with Lalaine Jimenea and Isobelle Karen A. Clitar, PIT /BRP (FREEMAN)

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Tom apologizes over gym issue

CEBU, Philippines - Saying he assumes command responsibility over members of his political party, Cebu City South District Rep. Tomas R. Osmeña yesterday apologized to the public about the actuations of the members of the City Council who charged against government funds their enrollment with a private gym and spa.

But as that developed, the councilors try to justify their enrollment at the Cebu Holiday Gym and Spa by citing a Civil Service Commission memorandum directing all local government units to implement a physical fitness program for all its officials and personnel.

“Dili na maayo. I apologize in behalf of the Bando Osmeña Pundok-Kauswagan (BOPK). I assume command responsibility,” said the congressman, who is the founder and acknowledged leader of the BOPK.

All the city councilors, including Vice Mayor Joy Augustus Young and the representatives from the Sanguniang Kabataan (SK) and Association of Barangay Councils (ABC), are both affiliated with BOPK.

The public, through the media, has criticized the actuation of the city legislators who granted the move of Councilor Jose Daluz III to charge P360,000 against the City Hall’s budget.

When The FREEMAN asked Osmeña on his suggestions to his allies to avoid a similar incident, he replied with, “No need. It won’t happen again.”

Some city councilors who asked anonymity said they were hesitant to support the proposed resolution of Daluz but out of courtesy they decided to remain silent over the issue, this is why there was no deliberation about it.

While the contract allowing the city’s 20 elected officials to use the facilities of the Holiday Gym and Spa has been signed by Mayor Michael Rama and the firm’s operation’s officer last May, the City Council approved it only last October 12.

The Office of the Ombudsman-Visayas had announced it will investigate the possibility that the concerned city officials violated the laws, particularly on the report that the contract price was bloated.

Based on the contract, the gym will charge P18,000 to each of the 20 officials, but when The FREEMAN contacted the firm, its representative said the annual membership only costs P12,500 each. The firm can give as much as 20 percent discount for group enrollment of 11 to 20 persons, who will be entitled to use all amenities of the gym.

Yesterday, the Cebu City Council cited a Civil Service Commission Memorandum directing all local government units to implement a physical fitness program for all its officials and personnel.

The council furnished the media a copy of the CSC Memorandum Circular No. 8 issued this year by CSC Chairman Francisco T. Duque III requiring all agencies of government to adopt the Physical Fitness Program “Great Filipino Workout” for government personnel to develop a healthy and alert workforce.

Under the Memo, the agencies are required to allot a reasonable time for regular physical fitness exercise and inclusion of physical fitness exercises in seminar, training programs and similar occasions.

Government agencies are authorized to allot one hour each week for the conduct of the health awareness program and 20 minutes daily for the conduct of wellness and fitness program. The time authorized by the Memo can be consumed during office hours.

The Memo also wants government agencies to adopt of plans for a continuing physical fitness and sports activities.

The Great Filipino Workout was introduced in 1995 and was at the time seeking to emphasize the importance of “a healthy lifestyle and a regimen of regular physical fitness activities as a strategy to reduce the risk factor of heart diseases.”

It was reiterated by Duque when he took over as chairman of the CSC, with a belief that a healthy workforce means a more efficient delivery of services to the people. The City Council said their enrollment in Holiday Gym and Spa is also a form of compliance with the CSC Memo.

The council said the privilege given to the city officials which include the 18 councilors, the vice mayor and the mayor, is supposed to encourage them to have a healthy lifestyle even after a day’s hectic schedule and stressful job.

Their enrollment at the Holiday Gym and Spa not only gives them free and unlimited use of its facilities but they are also given discounts to massage services and other major services. (FREEMAN)

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Suspect in Liu slay arrested

CEBU, Philippines - The suspect in the killing of drug case witness Bernard Liu was arrested yesterday in Barangay Tangke, Talisay City, Cebu.

Talisay City policemen led by inspectors Rio Ugo Ipong and Ricardo Echaves arrested 19-year-old Rhem Balquin of Sitio Rattan of the said barangay around 5:20 p.m.

The arrest was by virtue of the arrest warrant issued by Judge Enriqueta Belarmino of the Regional Trial Court Branch 57 which was issued last October 19.

Balquin was arrested in his house in the presence of his mother, Edita.

The suspect did not resist arrest.

Recovered from the possession of the suspect was a .38 cal. revolver with two live rounds allegedly owned by Liu.

The victim, who was a witness in a high-profile illegal drugs case and testified before the House Committee on Dangerous Drugs in 2001 against his former employer, Peter Go Lim and his brother Wellington, was found dead last September 29 in his house in Naya Subdivision, also in Sitio Rattan.

Liu’s body was already in an advanced state of decomposition.

Investigators discovered that it unusual that the main door of the victim’s house was padlocked and that there was an iron bar blocking it.

Liu, who was in his 50s, lived alone after his long-time live-in partner left him. Their only daughter, Abigail, later left him reportedly because of his uncontrollable temper.

Based on the autopsy report of PNP medico-legal officer Dr. Joe Martin Fuentes, it was revealed that Liu died of strangulation.

Fuentes likewise said Liu may have been dead at least two weeks, but not exceeding month, when his body was found after neighbors complained of a foul odor from his house. (FREEMAN)

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Centcom still mum on opening access road

CEBU, Philippines - Cebu Governor Gwendolyn Garcia plans to send a “stronger request” to the Armed Forces of the Philippines to open the access road of the Central Command Headquarters, Camp Lapu-Lapu, in Lahug, Cebu City, to privately-owned vehicles to decongest the Banilad-Talamban areas from heavy traffic.

Garcia said she would like to talk again with the Centcom officials after she got no answer to her letter.

“Maybe they need a stronger request,” Garcia said.

Last April, Garcia met with Brig. Gen. Alejandro Estomo, Centcom deputy commander, and Cebu City Traffic Operations and Management Board Chairman Sylvan “Jack” Jakosalem when she made the suggestion.

Jakosalem confirmed that the request to AFP General Headquarters has had no reply yet as he is also making follow-ups.

Jakosalem said there was an earlier request from Cebu City Mayor Michael Rama to Centcom to open the access road to motorists at certain hours to decongest traffic in the Banilad-Talamban area.

But he said the road belongs to the provincial government prompting him to consult the governor. A letter from CITOM was sent to Garcia who then attached it to her letter to the AFP.

Estomo earlier told Garcia that the decision cannot be made on their level.

Garcia said that she will recommend for the opening of the road from 6 a.m. to 6 p.m., subject to the existing rules of the camp. (FREEMAN)

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Defense pursues bid to bail, lift warrant

CEBU, Philippines - The joint motion for reconsideration filed by the lawyers of Bella Ruby Santos and her boyfriend Ian Charles Griffiths to lift the warrant of arrest against them has been set for resolution.

This after Regional Trial Court Branch 6 Judge Ester Veloso dismissed their omnibus motion to lift the warrant and the determination of probable cause on the grounds of being moot and academic.

The defense team also filed a motion to allow the posting of bail with a prayer for marathon hearing yesterday.

Veloso questioned how Santos can be arraigned on Monday if there are too many pending motions filed.

Lawyer Jo-ann Pabriaga of the Children’s Legal Bureau said the motion filed by the defense was premature but defense lawyer Rameses Villagonzalo disagreed.

“Our motion is not premature we asked for the treatment of our motion after the arraignment on Monday,” Villagonzalo said.

Another defense lawyer, Ronel Ubod, said they are filing a petition for bail on the basis of the case against their clients being weak.

Among their bases, Ubod said, is that no one saw who killed the victim Ellah Joy Pique, the police seized the wrong vehicle, the police withheld the release of the DNA results, and the cartographic sketches did not match the facial and physical description of Santos and Griffiths.

Villagonzalo also claimed a retired Canadian businessman offered a P100,000 reward for information leading to the identification, arrest and conviction of the owner of the black SUV with license plate numbers ending in 679. Three of Pique’s schoolmates in Minglanilla town said she was taken on board such an SUV.

Villagonzalo said the Canadian, a former law teacher, believes Santos and Griffiths are innocent of the crime.

Meanwhile, Griffiths is now under the watchlist of the Interpol, said the Criminal Investigation and Detection Group’s lawyer Inocencio dela Cerna.

He said Griffiths can be arrested but cannot be brought to the Philippines as there is no extradition treaty between the Philippines and the United Kingdom.

Griffiths and Santos are accused for abducting and killing Pique last February. (FREEMAN)

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Rallos heirs sue city for contempt

CEBU, Philippines - The clash between the heirs of Rev. Fr. Vicente Rallos and Cebu City over the judgment debt worth P133,469,962.55 for compensation of property used continues to worsen.

This after Lucina Rallos filed a civil case against Cebu City and all its lawyers to cite them for direct contempt.

“Defendant City of Cebu and all its lawyers who filed omnibus motion and supplemental motion and who asserted the grounds mentioned in the said motions have committed disrespect towards the Honorable Court and must therefore, be summarily adjudged in contempt,” complaint reads.

Lucina said the court orders and resolutions were declared final and executory but Cebu City continuously challenged the order of the court by filing motions.

Earlier, Lucina also filed an indirect contempt against Cebu City Mayor Michael Rama and Cebu Daily News acting editor-in-chief Eileen Mangubat and chief of reporters Doris Bongcac.

This after Rama allegedly made a statement which was published in that newspaper last July 13 that the Ralloses had unpaid tax obligations over the lot property.

Lucina said the statement of Rama was in violation of the subjudice rule and is punishable for indirect contempt.

“On the decision dated January 14, 2000 clearly declared, the lot subjects of the case were appropriated by the City of Cebu and were converted by it into public roads without expropriation and without payment of just compensation,” she said.

Lucina added the order of the court was declared final and executory in 2000 and the statement of Rama of alleged unpaid tax obligations was equivalent to saying that the decision dated January 14, 2000 “may be simply ignored or has no legal and binding effect.”

The court ordered the City of Cebu to pay the heirs of Rallos P133,469,962.55 in compensation for the property used as a public road in Barangay Sambag I. (FREEMAN)

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Complaints vs Durano filed in court

CEBU, Philippines - The Danao City Prosecutor’s Office has recommended the filing of charges against former Danao mayor Jesus “Don” Durano for alleged falsification of his personal data sheet when he applied for the position of city administrator.

Acting Danao City Prosecutor Rodulfo Joseph Val Carrillo, in his three-page resolution dated October 11, 2011, made the recommendation based on the complaints filed by Don’s brother, Vice Mayor Ramon “Nito” Durano III.

Vice Mayor Durano filed a complaint for perjury against his brother Don Durano. Subpoena was served to Don Durano on September 16, 2011, but he failed to answer the complaint filed against him.

Don Durano was appointed as Danao City Administrator on April 18, 2011.

Records showed that as a requirement for his appointment, Don Durano prepared a Personal Data Sheet which stated that he was not facing any criminal cases in court.

However, at the time the PDS was prepared, Don was facing criminal cases before the Danao City Municipal Trial Court for grave coercion, violation of Presidential Decree 1829 and resistance and disobedience to a person in authority. These were docketed as Criminal Case Nos. 11363, 11364 and 11365.

The evidence submitted, according to the resolution, establishes that Don Durano prepared a PDS on April 18, 2011.

Item 37 (a) of the PDS asks the question: “Have you ever been formally charged?” Durano checked the box for the “no” answer.

However, a certification dated May 10, 2011 indicates that Don Durano is facing three criminal cases before the Danao City Municipal Trial Court in Cities.

The City Prosecutor said that an essential element of perjury is that the statement or affidavit be made before a competent officer authorized to receive and administer oaths. There is no indication that the PDS was made before such officer, it stated.

However, by making a false narration of facts in a document where he had a legal obligation to disclose a particular fact, the respondent committed falsification, according to the resolution.

The appointment of Don Durano as city administrator has been forwarded by his brother, Mayor Ramon “Boy” Durano Jr., to the city council for concurrence.

But the city council led by their brother Vice Mayor Nito Durano rejected the appointment of Don.

The falling out of relationship among the Durano brothers had earlier led to the filing of separate petitions for recall. (FREEMAN)

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City Hall has new security chief

CEBU, Philippines - The former chief of the Liloan Police Station has been appointed by Mayor Michael Rama as the City Hall’s chief security officer effective last Wednesday.

Several months after Senior Inspector Ramon Ortiz had retired from police service, he visited Rama at the City Hall and the mayor reportedly offered to him the post that was previously handled by Romeo Cordova.

Rama did not renew the contract of Cordova, who had a misunderstanding with the mayor’s executive officer, Philipp Zafra.

“Dugay na mi nga amigo si mayor. Pagbisita nako niya gipangutana ko niya og unsay akong trabaho, ug gitanyagan ko niya nga mag-head sa security personnel dinhi sa City Hall,” Ortiz said.

Ortiz had enjoyed the compulsory retirement age of 56 from the police service. He is still 57 years old now, so he still has eight years more to serve as chief security officer of City Hall if his appointment will be approved by the Civil Service Commission.

In an interview, Ortiz said he still observing what security measures that need to be adopted at the City Hall to ensure the safety of the city officials and personnel, as well as the public in general.

During the stint of then mayor and now Cebu City south district Rep. Tomas R. Osmeña, the members of the Barangay Intelligence Network (BIN) were the ones securing the City Hall.

But when Rama assumed as mayor last year he immediately replaced the BIN personnel manning the City Hall entrance with members of private security agency.

“I want that there will be somebody responsible if something will happen at the City Hall because we cannot hold the BIN members responsible as they are civilians and not employed by the City,” Rama earlier told the reporters. (FREEMAN)

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Official "Sinulog flower" launched

CEBU, Philippines - The Cebu City Hilly Land Management Board launched yesterday the official Sinulog flower they call the “Halad sa Sto. Niño Flower” grown in the mountain barangay of Sirao, Cebu City.

Hilly Land Management Board Executive Director Frank Seno said the “Halad sa Sto. Niño Flower”, generically known as “Celosia” fits very well with the official colors of Sinulog – the yellow and red – which are based on the color of the Holy Child’s cape.

The flower is also known as the “cupid’s arrow” because of the shape of its head. In other areas, the flower is called “flaming love.”

This Celosia variety is one of the seedlings brought by a delegation of Cebuanos who visited Haarlemmermeer, Netherlands in 1991 under a sister-city relation.

The flower has caught the attention of the Cebuano team and decided to bring seedlings of the flower and tried to plant it in the mountain barangays.

The flower was able to survive the Philippine weather and has been one of the popular cutflowers.

Many cutflower farmlands in Sirao plant “Celosia” and the flower is in fact providing high income to farmers whose major market is Metro Manila.

Seno said that the durability of the flower lasts for a year or when cut, it can last for two weeks.

The Hilly Land Board has started encouraging farmers to plant Celosia to provide them more income.

The board envisions to turn Sirao and other mountain barangays into a large Celosia plantation that will soon be one of the points of interest in the city.

This specie becomes full blown after three months. The flower comes in colors yellow, red and fuschia.

Sinulog Foundation Inc. Executive Director Ricky Ballesteros said Celosia will be used to design the Sinulog stage next year.

The Hilly Land Board also launched the Hilly Land Food Treasure where they featured various food specialties of the 31 mountain barangays in the city. (FREEMAN)