Prosecutor junks complaint vs. security guard

CEBU, Philippines - Citing lack of probable cause, the Cebu City Prosecutor’s Office has dismissed the complaint filed against the security guard held responsible for the theft of P1.6 million in cash and items from the Sinulog Foundation Inc. last Jan. 16.

Policemen who escorted Joselyndo Jabagat, charged for qualified theft before the Cebu City Prosecutor’s Office, removed his handcuffs after Prosecutor Gandhi Truya ordered his immediate release. 

Jabagat, who was detained for 13 days in the detention cell of Cebu City Police Office, expressed his gratitude to the people who helped him.

“I like to thank the people who helped me, it’s as if the thorn in my side has been pulled out,” he said in Cebuano.

He added as of now he has no plan to report back to the Office of the Sinulog Foundation Inc. in the Cebu City Sports Center.

Truya in his resolution stated “the allegations of the witnesses are mere suspicions and insinuations” that cannot be declared as evidence.

“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 the acting guard on duty and was acting suspiciously,” the resolution read.

Truya added the negligence and the suspicious actions of the respondent are inadmissible as evidence of theft.

City Prosecutor Nicolas Sellon affirmed the recommendation of Truya in his concurring resolution.

“The undersigned approves en toto the resolution of Prosecutor Gandhi Truya dismissing the above-entitled case against the respondent for want of probable cause,” Sellon’s resolution reads.

Sellon also raised several questions as to the complaint filed.

He noticed that the Police Worksheet Complaint was signed only by Rosita Velasco as arresting officer and does not bear the signature of the investigator SPO3 Ernesto Panaligan as well as the chief of the Investigation and Detective Management Branch of CCPO Police Insp. Rolando Pinili.

Sellon added Velasco, who is a utility crew of the SFI does not state in her affidavit that she arrested the respondent. However, she said it was SPO4 Jaime Toring and SPO2 Henry Estoy who executed an affidavit claiming they were the arresting officers.

“It is very clear that such warrantless arrest was not valid as Toring and Estoy did not have any personal knowledge regarding the commission of the crime since, according to them, they arrested respondent based merely upon the information or accounts of unnamed security guards and other persons,” the concurring resolution read.

Sellon added the police who investigated the crime on Jan. 16, 2012 did not present photographs during the inquest proceedings as to the physical appearance of the vault.

“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 the alleged robber who entered the admin office at around 2:50 a.m. on Jan. 16, 2011 and stole the money there from,” the concurring resolution read.

Sellon said if the vault was not forcibly opened, the only conclusion was it was opened by keying in its combination numbers.  (FREEMAN)