Quit claim won’t affect robbery case vs. Magpale, police

CEBU, Philippines - Despite the quit claim signed by the owner of the tents used for the prayer vigil at the Provincial Capitol grounds during the standoff last December, the Garcias are confident that they still have a strong case against Capitol officials and the police.

Atty. Cristina Garcia-Frasco, sister and legal counsel of Pablo “Paulo” Garcia III, said that they are not worried about the decision of the owner of the tents.

 â€œThat has no bearing on the case because the crime of robbery is committed on the commission on the act itself,” said Garcia-Frasco.

Oscar dela Calzada, owner of the tents, signed the acknowledgement receipt and quit claim for the release of his three tents by the office of acting Governor Agnes Magpale in “good condition and have no defects.”

The tents were said to have been rented by Paulo last December 18, 2012 for a prayer vigil but were confiscated by the police. Paulo filed a case for robbery against Magpale, Police Regional Office (PRO)-7 Director Marcelo Garbo, Regional Public Safety Battalion (RPSB) Commanding Officer Supt. Leopoldo Cabanag and Police Inspector Alvino Enguito.

Garcia-Frasco said that even if the tents were returned, it would not make a difference since the act of robbery has already been committed.  She explained that based on a number of cases on robbery, the Supreme Court has decided that the act can even be done against a person who does not own the material that was stolen.

“He merely has to be in possession of those things. And considering that Paolo was the person who rented the tent then he was in possession of the tents at the time of the taking,” said Garcia-Frasco adding that with this, the crime of robbery has clearly been committed. — (FREEMAN)