"Resolution sa kaso ni Atty. Victor I. Padilla"

NIRECOMMEND NG PROSECUTOR’S OFFICE NG PROVINCIAL PROSECUTOR NG CAGAYAN NA ISAMPA SA KORTE ANG MGA KASONG INIHAIN NG MGA MAGSASAKA NG BRGY. MAGUIRIG SOLANA, CAGAYAN LABAN KAY ATTY. VICTOR I. PADILLA.

Matatandaan na inereklamo ng mag-amang Rogelio at Jose Malana ang ginawa sa kanilang pang-aapi diumano nitong si Atty. Padilla kasama ang kanyang mga armadong tauhan.

Gustong paalisin ang pamilya na nagsasaka sa kanilang lupang binubungkal, tinatamnan at nililinis ng mahigit na sa tatlong dekada ng bigla na lamang lumitaw itong si Atty. Padilla at sinabing siya ang may-ari ng lupaing ito.

Iniutos ni Atty. Padilla ang pagtatag ng isang Cooperative kung saan humihingi siya ng thirty percent (30%) mula sa anumang maaani sa lupang sinasaka nitong mga taga Brgy. Maguirig.

Nang hindi nito mapapayag ang pamilya ni Rogelio Malana, ayon sa reklamo ng mag-ama, sila ay ipinakulong matapos malabasan ng isang Warrant-of-Arrest dahil sa reklamo ng tauhan ni Atty. Padilla na si Mario Pagulayan sa reklamong illegal cutting of logs sa nasabing lugar.

Sa isang JOINT RESOLUTION na inilabas ni Eufrocenia E. Dumlao, 1st Provincial Prosecutor at OIC Provincial Prosecutor ng Cagayan, meron PRIMA FACIE evidence para maisampa ang kasong Kidnapping at Serious illegal Detention laban kay Atty. Padilla.

Narito ang ilang bahagi ng nilalaman ng JOINT RESOLUTION na nilagdaan ng prosecutor na nag-imbestiga sa mga kaso laban kay Atty. Padilla.

"Under I.S. No. 2004-254, and based on the foregoing pieces of evidence presented by the complainants, we found for four (4) counts of Frustrated Grave Coercions against respondent Atty. Victor I. Padilla, as well as, respondents Mario Pagulayan, Vicente Balubal, Rolando Balubal, Sr., Rolando Balubal, Jr. and 9 John Does, and those are, the incidents in (1)October 2004; (2)November 2004; (3)February 2005; and (4)April 2005, when respondent Atty. Padilla together with his armed men (who are his co-respondents herein) and at gunpoint, were driving away from that land in Maguirig, Solana, Cagayan, complainants herein, and prohibiting them (complainants) from cultivating and planting on the said land.

We found those to be in its frustrated stage only considering that, respondents did not succeed or achieve his purpose of driving away from the land, complainants herein; otherwise stated, respondents’ desired compulsion (that is, for complainants to leave the land) was not consummated.

It bears mentioning herein, the elements of the crime of Grave Coercion, to wit:

1. That a person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong;

2. That the prevention or compulsion be effected by violence, either by material force or such a display of force as would produce intimidation and control the will of the offended party; and

3. That the person that restrained the will and liberty of another had not the authority of law or the right to do so, or in other words, that the restraint shall not be made under authority of law in the exercise of any lawful right ((People v. Rimando, C.A., 56 O.G. 1687; People v. Picunada, C.A. 43 O.G. 2222, U.S. v. Tupular, 7 Phil. 8; and People v. Camat et. Al., CA-G.R. NO.13777-R, prom. September 22, 1955; Timoner v. People, 125 SCRA 830) as found on pp. 520-521, Book II, R.P.C. by Luis B. Reyes, 13th Edition, but with our underscoring which was supplied for emphasis}

Under the above-mentioned elements of the crime, it is clear from the pieces of evidence presented that, elements numbers 2 and 3 above are present (excepting of course element number 1 as the desired compulsion was not consummated).

Under I.S. No. 2005-254-a, we found for a prima facie case of Kidnapping and Serious Illegal Detention against respondent Atty. Victor I. Padilla, as well as, respondent Mario Pagulayan and the person who accompanied the latter who presented himself as a police officer unto the victim Rogelio G. Malana (but temporarily be named as John Doe considering that his identity is not yet known), as provided for under Article 267, sub paragraph 2 of the Revised Penal Code, as amended, which provides thus:

*ART. 267. Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

x x x

2. If it shall have been committed simulating public authority.

x x x

From the evidence presented by complainant Rogelio G. Malana, it is found that there was a deprivation of complainant’s liberty by respondents Atty. Victor I. Padilla, Mario Pagulayan and on John Doe, who are all private individuals, one day in June of Year 2000 and that was under the circumstance that, the person who accompanied Padilla’s trusted man (Mario Pagulayan) in taking the victim (complainant Rogelio G. Malana) presented himself as a police officer under the guise that they were inviting him to the police station (but which as the respondent is an influential resident of Cagayan) to conduct the preliminary investigation and thereafter, if the evidence warrants, to file the appropriate in formations in court.

WHEREFORE, in the light of the foregoing considerations, it is found that:

1. Respondents Atty. Victor I. Padilla, Mario Pagulayan, Vicente Balubal, Rolando Balubal, Sr., Rolando Balubal, Jr. and 9 John Does be prosecuted all as principals for the crime of Frustrated Grave Coercion on 4 counts; and

2. Respondents Atty. Victor I. Padilla as well as Mario Pagulayan and one John Doe be likewise prosecuted as principals for the crime of Kidnapping and Serious Illegal Detention.

Let therefore, the appropriate information be filed with the appropriate courts.

SO FOUND.

Bayombong, Nueva Vizcaya, June 14, 2005

HINDI PA RITO natatapos ang problema nitong si Atty. Victor, nakakuha din kami ng kopya mula sa LAND REGISTRATION AUTHORITY, sa tanggapan ni Administrator Benedicto Ulep ng isang kopya ng certification na nagsasabi na walang titulo ang nakarehistro sa pangalan ni Mrs. Nerina Padilla o Victor Padilla para sa lupang pinagtatalunan at ipinaglalaban ng mga magsasaka sa Brgy. Maguirig, Solana, Cagayan.

PARA SA ANUMANG COMMENTS O REACTIONS MAARI KAYONG MAGTEXT SA 09213263166. MAARI DIN KAYONG TUMAWAG SA 7788442.

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