Mayor dares Capitol to sue Briton
CEBU, Philippines - Santa Fe, Cebu Mayor Jose Esgana has challenged the provincial government to file charges against the British national who allegedly constructed a fence at the town’s airstrip in Bantayan Island and claimed ownership of the facility.
This after the Cebu Provincial Prosecutor’s Office dismissed the complaint he filed against Christopher Paul Alexander, 44, for usurpation of real property and malicious mischief.
Alexander was arrested by Santa Fe policemen on September 20 since the lot where the airstrip stands is owned by the Capitol. Apart from this, he was also charged with direct assault on a person in authority.
The resolution, signed by Prosecutor Mary Anne Demano, stated that one of the elements that constitute occupation of real property is absent.
“The allegations and evidence on record failed to show that Christopher took possession of the Santa Fe airport by means or due to any violence and/or intimidation,” she said.
“Absent (this) element, there is no probable cause that the crime of occupation of real property …was committed,” she added.
But Esgana’s lawyer Louie Arma said the dismissal does not mean that the complaint has no substance.
“Technically lang, it’s just that the proper party that should have filed the case was the Province of Cebu. Perhaps if the Province of Cebu will modify nga si gov na ang mopirma, wala’y reason ang fiscal office not to (elevate) the two cases. It’s a challenge to the legal department sa Province of Cebu,” he told reporters in a press conference on Thursday.
Esgana called on the Cebu Province to take action and file criminal complaints against Alexander.
Esgana lamented that it should have been the provincial government that filed the case as owner of the disputed property. He further expressed dismay with the province for having overlooked this legal concern.
“I already informed the governor last Monday. He said he would look into it. Supposedly ang probinsya man unta ang complainant,” he said.
He added that the Capitol has not yet sent its personnel to Santa Fe to check the area or verify the claim of Alexander.
“I am asking the governor nga unsa man governor, open for all na ba ning airport? Meaning kung naay mo-apply motukod, ok ra na? Kung di ni maaksyonan basin naa poy uban mangadto didto,” he added.—Michael Vencynth H. Braga/RHM (FREEMAN)
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