Vice mayor to face illegal detention rap

CEBU, Philippines — The Cebu Provincial Prosecutor’s Office has recommended the filing of information in court for a charge of serious illegal detention against Dumanjug Vice Mayor Erwin “Wado” Gica.

The resolution, dated January 6, also named Darwin Castro and Gino Do as respondents.

The case stemmed from criminal complaints filed by a certain Hector Rabor Quirante against Gica, who was then a town councilor, along with Mayor Guntrano “Gungun” Gica, Raymond Lañojan, Castro, and Do for serious physical injuries, serious illegal detention, grave coercion, planting of evidence, and violation of Comelec gun ban.

The case could be traced back to May 11, 2019 when, at the height of the election season, Quirante was reportedly arrested by Erwin and his bodyguards and brought to the headquarters and residence of the Gicas.

Contrary to this claim, the respondents said that the complainant was actually brought to the police station after they arrested him for illegal possession of firearms.

Respondents claimed that they arrested Quirante for allegedly pointing a gun at Erwin, which the prosecutor described as “inconceivable”.

“First, it is not undisputed that respondents’ vehicle was behind complainant’s motorcycle. Should complainant had any plan of shooting a passenger in said vehicle, the scenario would have to be him following the same and not the other way around,” read the resolution penned by Associate Prosecutor Reina Carmel Rivas and duly approved by Provincial Prosecutor Ludivico Vistal Cutaran.

The prosecutor also found that Quirante was alone on the motorcycle.

“Considering the foregoing, the undersigned finds no lawful cause for respondents to arrest and thereafter detain complainant. Thus, complainant’s detention is illegal,” the prosecutor said.

While detained, Quirante allegedly suffered serious physical injuries inflicted on him as shown in the medical records. The prosecutor said this qualifies the deprivation of complainant’s liberty as serious illegal detention.

However, the prosecutor has dismissed the complaints for grave coercion, planting of evidence, and violation of Comelec gun ban, while the charge of serious physical injuries is deemed absorbed in the crime of serious illegal detention being an element of the same.

The prosecutor also exonerated Gungun and Lañojan from the charges.

Gungun was not in the area when Quirante was reportedly dragged into the vehicle and brought to the Gica compound.

The presence of Lañojan in the vehicle did not also establish his conspiracy with the rest of the respondents.

“However, as to respondents Castro and Do, their involvement to the crime is manifest from the fact that respondent Castro drove the vehicle to the compound and respondent Do inflicted injuries upon complainant,” the prosecutor said.

Quirante earlier filed the complaints before the Office of the Ombudsman but the anti-graft office forwarded them to the Office of the Provincial Prosecutor on November 4, 2019 for resolution. (FREEMAN)