Barangay captain charged for illegal detention

CEBU, Philippines - A criminal complaint for unlawful arrest and arbitrary detention were filed against a barangay captain in Carcar City and seven of his tanods for allegedly detaining two people they caught transporting minerals without a delivery receipt and transport permit.

Lawyer Rodolfo Dacalos, Jr., on behalf of his client Liberato Bitangga, filed the complaint before the Cebu Provincial Prosecutor’s Office against Guadalupe barangay captain Leopoldo Alcordo and barangay tanods Manuel Ferrer, Michael Canape, Trinidad Canada, Romy Elorde, Araceli Genobisa, Arvin Ababa and Juanito Alcuirez.

Alcordo and his tanods arrested Liberato Bitangga and Aurelio Bitangga on October 23, 2009 while transporting rock phosphate from Aloguinsan town. The complainants claimed they were brought to the Carcar Police Station where they were detained for two days despite their protest and presentation of the permit of Erlinda Quiba who owns the minerals they were transporting.

The complainants said they were only released after the Mines and Geo-Sciences Bureau of the Department of Environment and Natural Resources ordered their release because they could not be held criminally for transporting minerals.

In a resolution, the MGB-7 said that the act of transporting phosphate minerals alone without a permit for the extraction of minerals or municipal license is not a ground for the filing of a criminal case for theft of minerals.

According to the MGB, the violation was only administrative which constitutes a fine not exceeding P5,000.

The MGB ruled that the complainants could not have been arrested and detained because their infractions was only administrative for having no delivery receipt and ore transport permit.

The complainants attached the MGB resolution in their complaint before the prosecutor’s office. They are also filing a separate complaint for theft and anti-graft after the respondents allegedly stole the side mirror of their vehicle. — Fred P. Languido/BRP   (FREEMAN NEWS)