Lapu mayor strikes back, files perjury raps vs 7 village chiefs

LAPU-LAPU City Mayor Junard “Ahong” Chan has fired back at the barangay captains who filed a complaint against the mayor before the Office of the Ombudsman-Visayas for the alleged misuse of funds intended for the fight against coronavirus disease (Covid-19).Chan went to the Office of the City Prosecutor on Tuesday, March 8, 2022, to file charges against the seven village chiefs for the crime of perjury under Article 183 of the Revised Penal Code.The respondents of the case filed by the mayor are Eduardo Cuizon (Bankal), Eleonor Fontanoza (Gun-ob), Regina Ybañez (Looc), Triponia Abayan (Tungasan), Joselito Tibon (Subabasbas), Reynaldo Tampus (Canjulao) and Rosalino Abing (Maribago).Last Feb. 9, the barangay captains led by Cuizon, who is the president of the City’s Liga ng mga Barangay, filed a complaint against Chan and nine others for allegedly violating Article 217 of the Revised Penal Code or Malversation of Funds and Sections 3 and 4 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, in the purchase of more than P47 million worth of food items and non-food relief items from a supplier identified as a furniture exporter.On Tuesday, Chan retaliated. He was joined by members of the City’s Bids and Awards Committee (BAC) who were also named as respondents in the complaint filed last month by the barangay captains.These are City legal Officer and BAC chairman James Allan Sayson, BAC vice chairman Ronaldo Malacora, and BAC members Claire Cabalda and Romeo Berame.Nagiel Bañacia, head of the City Disaster Risk Reduction and Management Office, and Annabeth Cuizon also joined in filing the criminal case against the barangay captains.Lawyers Jorge Esparagoza and Omar Redula, who are handling the case for the mayor, said the barangay captains committed perjury when they narrated malicious and unfounded accusations in their complaint against the mayor questioning the procurement done during the Covid-19 pandemic.During a press conference at the mayor’s office held right before Chan filed the case Tuesday, the mayor said this will not be the only case that will be filed against the respondents.According to Chan’s counsel, they are also contemplating filing grave oral defamation charges in relation to cyber crime against the seven respondents.The counsel said there was a malicious public imputation that the mayor and members of the BAC committed a crime.Chan’s lawyers also questioned the timing of the complaint filed by the barangay captains against the mayor considering that the transactions were made during the years 2020 and 2021.“They did this deliberately and willfully as a political manipulation and maneuver for purposes of election,” said Chan’s lawyers.The counsel added that the filing of perjury charges against the village chiefs is a way to “protect and vindicate the legal rights and interest of the mayor.”On Oct. 29, 2021, President Rodrigo Duterte signed a law that would impose a longer jail time for individuals who commit perjury.Under Republic Act 11594, public officials or employees who commit perjury shall be meted the penalty of prision mayor in its maximum period or six years and one day to 12 years of imprisonment.“The offender shall also suffer a fine not to exceed P1,000,000 and perpetual absolute disqualification from holding any appointive or elective position in the government or in any agency, entity or instrumentality thereof,” reads a portion of the law.Aside from filing perjury charges, the camp of Chan is also considering filing an administrative case against the village chiefs before the Office of the Ombudsman-Visayas.In a separate interview, Cuizon told SunStar Cebu that it is the right of the mayor to file a case against them.However, Cuizon said they did not commit any perjurious act since their allegations against the mayor were based on documents from the Commission on Audit.Cuizon further said they will respond once they receive a copy of the case from the Office of the City Prosecutor.