Misconduct plaint vs. village chief, ex-cop chief dropped

The Office of the Ombudsman-Visayas has cleared the former chief of the Mandaue City Police Office and a barangay chief of Casili of grave misconduct. The complaint was filed by Anecita Suson, a resident of the same city.

Suson filed a complaint against chief of police Jose Liddawa, Jr. of police station no. 6 and barangay captain Vidal Cabatingan for illegally detaining her.

The complainant, in her affidavit, alleged that on December 3, 2004 while she and the barangay captain and his wife were on their way to Compostela on board the couple's vehicle, an argument ensued between her and the couple regarding her non-payment of construction materials. Then she said she was handcuffed by Vidal and was brought to police station 6.

Suson said she owned Kriza Builders that entered transactions with NEP Logistics, Inc. and Nippon Express Philippines Corp. Aside from Kriza Builders, Dave Housing Supply represented by Alicia Cabatingan, wife of Vidal, also shared the agreement.

During the citizen's arrest implemented by Vidal, Suson asked that she be brought to her home to get her land titles to guarantee the payment of the construction materials worth P2,000,000. However, these titles were already in the name of Suson's children. Then the Cabatingans brought Suson to Dave Housing Supply where, Suson said, Vidal took bundles of peso bills in different denominations.

Suson said she was brought back again to the station where Vidal accused her of theft using the peso bills as evidence. She said she was detained for four days by virtue of a warrantless arrest conducted by Vidal in conspiracy with Liddawa whom she said failed to file the appropriate case within the reglementary period. On the morning of December 6, Suson filed a petition for habeas corpus. She said it was only that afternoon that the two respondents filed their complaint for theft before the local Prosecutor's Office. Two days after, the information for theft was filed in court. This was after Suson's petition for habeas corpus was granted.

Graft investigator Mona Chica Cabanes-Gillamac, in her four-page decision, approved by Deputy Ombudsman for the Visayas Primo Miro, said: "Complainant convinces this office that she was framed up by respondents and the charge for qualified theft was baseless and fabricated as can be gleaned from the fact that when she was in detention the couple immediately informed the management of Nippon and NEP of the fact of her arrest to malign her good reputation motivated by their ill desire to collect the amount of Two Million Pesos."

In his defense, Liddawa explained that it was not possible for him to file the case against the complainant since the courts are closed on Saturdays and Sundays. Suson's arrest was on a Friday. He also denied detaining Suson for more than the required period of up to 36 hours. He said the complainant was only detained for 18 hours.

As for Vidal's part, he admitted arresting the complainant for reportedly stealing his wife's money amounting to P20,000 and for alleged misappropriation of a collection worth P300,000 to her personal use and benefit. - Liv G. Campo