Court denies Petition for Amparo against Cordova mayor, others

CEBU, Philippines - The Regional Trial Court in Mandaue City has denied the petition for the issuance of a Writ of Amparo with application for Temporary Protection Order against Cordova Mayor Adelino Sitoy and other respondents.

In an order dated March 17, 2012, Mandaue City RTC Acting Executive Judge Teresita Abarquez-Galanida said there is no cogent reason to issue a Writ of Amparo and TPO.

“On its face, the Petition is bereft of any convincing evidence showing that the right to life, liberty and security of the petitioners had been violated or threatened,” Galanida said.

Cirilo Pagobo, Eduardo Quijano and Alejandro Baguio filed the petition claiming they have been harassed since the time they filed administrative and criminal complaints against Sitoy and the other respondents before the Office of the Ombudsman in line with the Cordova reclamation projects.

The other respondents are Felix Pacaldo, Teodorico Casquejo, Roque Iburan, Yumi Tajanlangit, Galo “Doe”, Beben Iburan, and a certain Edward.

The complaints said the filing of the cases before the Ombudsman irked Sitoy and Governor Gwendolyn Garcia.

“The filing of the case immediately drew angry reactions from respondents particularly the Provincial Governor of Cebu and respondent Mayor Sitoy, which they aired in news reports and in articles and interviews in the broadcast media,” petition reads.

Quijano said that three people arrived at his house around 3pm on March 10, 2012 and told him he was being summoned by Sitoy. He was reportedly brought to a lighthouse in sitio Camolinas in Barangay Poblacion and asked him if he was aware of the Ombudsman case.

He said no.

“Being alone and feeling helpless in the presence of the mayor and his people at that time, petitioner Quijano felt compelled to lie out of panic and fear to displease the mayor. He thus, answered that he did not know what the complaint filed before the Office of the Ombudsman,” the petition reads.

Quijano said Sitoy even allegedly prepared an affidavit for him to withdraw his complaint. He said he signed the document without reading the content because of fear but did not swear for it.

On March 12, 2012, lawyer Gloria Ramos, one of the complainants in the case before the Ombudsman, called Quijano and told him that he had the choice to withdraw the complaint with the Ombudsman. However, Quijano was determined to pursue the same.

Pagobo and Baguio themselves allegedly experienced the same form of intimidation.

Pending final judgment of the case, the petitioners asked for a Writ of Amparo and TRO.

Despite the denial of the petition, the case was raffled off to the sala of RTC Branch 56 for a summary hearing.

“Ang ila gipangayo gi-deny na daan, igo lang sad ko moingon nga salamat Judge,” Sitoy told reporters at the Capitol yesterday.

Sitoy said that the allegations are baseless and products of fabrication.

“The more headlines, the more and bigger donations,” Sitoy said referring to non-government organization behind the filing of the case using some fisherfolks in his town.  (FREEMAN)