Record shows CLO got hold of evidences vs. Manikan, et. al.

By Maricar M. Calubiran

The evidences against former City Treasurer Romeo Manikan and eight other residents of Barangay Concepcion, City Proper accused for violation of Anti-pilferage Act was received by the City Legal Office from the Task Force Boltahe.

Based on documents, the CLO thru Legal Asst. II Ruledo C. De la Cruz, legal assistant 2 and Hernando C. Galvez, legal assistant 1 acknowledged the receipt of the evidences from retired Engr. Dan Edgar Caipang last March 1, 2002.

Documents showed that the Task Force Boltahe then headed by Caipang recovered from Manikan's residence a # 2.6 mm NM Copper ( # 10 PDX wire) which is three meters long and # 2.0 mm NM Copper ( # 12 PDX wire) colored white. It is six meters long. The evidence was marked exhibit #8 C. The evidences were sealed in a box.

The same document also contained the evidences recovered from Barangay Capt. Roy Bercelis, Rosario Priolo, Cynthia Elon, Rey Esteves, Norly Otocan, Laarna Avelino, Henry Romero and Tomas Catahay when the task force conducted an inspection at Barangay Concepcion, City Proper last August 8, 2001.

The task force recovered # 1.6 mm NM Copper (# 14 PDX wire) from Bercelis's residence. It is three and half meters long. Earlier, Bercelis threatened to file a counter-charge against the task force. As to date, Bercelis has yet to file a case against Caipang or the task force.

The evidences were withdrawn by Caipang from Jerry Eslaban, electrician 2, stock-room-in-charge of the electrical safety division of the City Engineers Office last February 20, 2002. The withdrawal of evidences was also attested by Councilor Erwin Plagata. Plagata admitted of having kept the evidences for a short period of time.

On May 10, 2005, Judge Cedrick Ruiz of Branch 39 of the Iloilo Regional Trial Court dismissed the anti-pilferage case filed against Manikan for “insuffiency of evidence.” The dismissal of the case was primarily attributed to the failure of Atty. Reynaldo Sonalan to present the evidence before the court.

Sonalan acted as private prosecutor in the case for violation of Section 2 (B) of Republic Act 7832 or Anti-Electricity Pilferage Act against Manikan and eight others before the sala of Judge Cedrick Ruiz of the Branch 39 of the Iloilo Regional Trial Court.

The court has given Sonalan 15 days to present the evidence but to no avail. Likewise, Atty. Edgar Gil, CLO chief gave Sonalan 72 hours to explain his failure in presenting the evidence against Manikan and his neighbors. Still, Sonalan has yet to submit his explanation.

Suspicions of a conspiracy at the CLO and other city officials are strengthened because of Sonalan's failure since the office has the evidences to pin down the accused. And yet, the case was dismissed for lack of evidence.