Fiscal summons Magpale, police

CEBU, Philippines -  To proceed with the preliminary investigation, State Prosecutor Nicolas Sellon summoned Acting Governor Agnes Magpale and police officials to answer the robbery complaint filed by the son of suspended Governor Gwendolyn Garcia.

Pablo “Paolo” Garcia III filed the complaint before the Cebu City Prosecutor’s Office after respondents failed to return his three rented tents used during a prayer vigil at the Capitol grounds on December 18.

Based on the document, the respondents were given ten days or until January 26, 2013 to file their counter-affidavit to answer the allegation against them.

The subpoena was served on January 14, 2013.

Garcia said he rented the tents from Sheentrade Marketing for P2,600 per tent per day.

However, on December 19 at around 9:30 p.m., while the prayer vigil was ongoing, 80 to 100 uniformed and armed PNP personnel arrived and “hurriedly dispersed” the prayer vigil and placed the tents in the PNP trucks.

“Until this date, the respondents have failed and refused to return the tents notwithstanding their knowledge of the fact that the tents are not owned by the Province of Cebu,” his affidavit stated.

Garcia  asked the respondents to pay P7,800 in actual damages representing the rental of the tents starting Dec. 18; P500,000 in attorney’s fees; P5 million in moral damages and P2 million in exemplary damages.

Meanwhile, an amended complaint was filed before Sellon.

Department of the Interior and Local Government (DILG) Secretary Manuel Roxas II was excluded as one of the respondents of the case and was replaced by Magpale.

Other respondents are Police Regioanl Office (PRO) 7 Director Marcelo Garbo, Commanding Officer of the Regional Public Safety Battalion (RPSB) Supt.Leopoldo Cabanag and Police Insp. Alvino Enguito of RPSB Central Visayas.  (FREEMAN)