CEBU, Philippines — The Municipal Trial Court in Cities has acquitted Barangay Apas councilman Ramil Ayuman of the criminal case filed by Cebu City Councilor Margarita Osmeña for alleged refusal to return a city-issued vehicle despite a recall order.
Osmeña recalled all vehicles issued to the barangays in 2016 during her stint as acting mayor. Ayuman, who was then barangay captain, was among those who allegedly refused to heed the order.
Osmeña charged Ayuman for violation of Article 221 (failure to make delivery of public funds or property) of the Revised Penal Code.
MTCC Branch 5 Judge Oscar Andrino ruled that the prosecution failed to prove that Ayuman was guilty of the crime charged.
“All told, the court finds that the evidence of the prosecution has not successfully established the culpability of the accused as charged in the herein information,” the decision read.
According to the court, there was no malice in the delay of the turnover because the accused exhausted administrative remedies to retain the vehicle since it is being used in the delivery of basic services.
Ayuman welcomed the dismissal of the criminal case and hopes that all barangay captains charged by Osmeña will be acquitted.
“Pasalamat ta sa korte nga nihatag og favorable nga decision. Nag expect ta nga mao gyud ang decision kay wala man gyuy malice in the first place,” he told reporters.
Ayuman said he is grateful that the court has acknowledged that there was no malice on his part on delaying to send back the city-issued vehicles because it was used for public service.
Osmeña, for her part, said it’s good for Ayuman to be acquitted of the criminal case.
“I don’t take these things seriously. It’s not personal. So, if he’s acquitted, end of story,” she said.
Osmeña earlier sued Ayuman, Tisa Barangay Captain Philip Zafra; Councilor Joel Garganera, who is former barangay captain of Tinago; Basak Pardo Captain Yolandito Cagang; Buot Captain Rosalita Callino; and Tagba-o Captain Ana Tabal for their resistance in turnover the vehicles issued to them. Aside from Ayuman, Tabal was also acquitted earlier.
“These barangay captains are expecting, depende sa discretion sa korte, we’re expecting nga ma dismiss gihapon kay same facts raman. Kahibaw man ta nga pagpang harass raman ni,” Ayuman said. (FREEMAN)