Cases vs VM, et al. fall under DOJ

CEBU, Philippines - The Office of the Ombudsman-Visayas has referred to the Provincial Prosecutor’s Office the criminal charges filed against Asturias Vice Mayor Joel Dumdum and eight other men.

In an order he issued prior to his retirement, former Deputy Ombudsman Pelagio Apostol said the kidnapping and serious illegal detention complaints filed by Philip Nierves, a resident of Asturias; the complaints filed by Helen Completo, a resident of Balamban; and the complaints filed by Pompey Rallos, a resident of Texas U.S.A. against the respondents fall under the jurisdiction of the Department of Justice and before the Department of Interior and Local Government   and not under the Ombudsman.

“Pursuant to office Order No. 183, s. 2012 it is a policy of the Office of the Ombudsman to give priority to the investigation and prosecution of cases involving graft and corruption. Should there be concurrence of jurisdiction with regards to complaints that are not graft cases, the Ombudsman shall decline to take cognizance, and refer the matter to other agencies for proper action,” Apostol said.

Apostol said the cases of kidnapping, robbery and violation of domicile against respondents should be filed before the DOJ while the administrative charges for abuse of authority, misconduct and oppression should be referred before the DILG.

Nierves filed the complaints against Dumdum, his nephews Dean and Dave Dumdum, PO2 Leah Juarez, a certain police officer Logronio, and four unidentified men before the Cebu Provincial Police Office.

In his affidavit, Nierves said he resides at the house of Rallos located in Looc Norte, Asturias, Cebu as caretaker.

He said that while he was attending to his one-year-old son around 2 p.m. on January 31, 2012, the respondents arrived and opened the gate without consent and without showing any warrant. Some of them allegedly brought firearms and allegedly ransacked Rallos’ house.

At around 5 p.m., while blindfold, he was reportedly brought to CPPO for a supposed interrogation but this reportedly never materialized.

He said it was around 11 p.m. when a man in civilian clothes approached him and took his handcuffs and told him he could go.

For her part, Completo said in her affidavit, that she was brought to CPPO and was questioned whether or not she was aware of plans to kill the vice mayor to which she reportedly answered in the negative.

Nierves and Completo were released around 11 p.m. on the said date.  (FREEMAN)