Cabueños’ arrest was mandated by law justified Hubilla

By GINA DEAN-RAGUDO, Samar News.com
August 24, 2010

CALBAYOG CITY  –  I would presume that the Honorable Mayor realized that there was nothing personal in the arrest. It was without discretion and purely work related, says Samar PNP Provincial Director Pancho Adelberto Hubilla in an interview conducted by Samarnews.com the day after the arrest of Gandara Mayor Antonieto Cabueños.

Hubilla underscored the mandate of the organization in enforcing the law – that it is without fear or fervor. He also said that the reason why Cabueños was elected as mayor in order to serve his constituents, same obligation with Gandara Police who initiated in implementing the warrant of arrest issued by Judge Manuel F. Torrevillas of RTC Allen Branch 23 in coordination with the Sta. Margarita Police led by PSInsp. Angelo Pueblos who was manning the area in the afternoon of August 18, 2010.

He admitted that in coordination of all municipal police offices in Samar, they really hovered in the area within 4 days upon receipt of the arrest order.

Cabueños was arrested last February 22, 2010 by police check point at Lavezares, Northern Samar in violation of the Omnibus Election Code due to unauthorized carrying of firearms and unauthorized security which involves 3 Gandara PNP members namely PO3 Jonathan Rama, PO3 Edgar Delector and PO2 Perfecto Merilles.

Sec 32 of Republic Act 7166 states that “during election period, no person shall bear, carry or transport firearms or other deadly weapons in public places, including any building, street, park, private vehicle or public conveyance, even if licensed to possess or carry the same, unless authorized in writing by the Commission. The issuance of firearms license shall be suspended during the election period.”

COMELEC Resolution also provides “the rules and regulations on the bearing, carrying or transporting of firearms or other deadly weapons; and employment, availment or engagement of the services of security personnel or body guards during the election period for May 10, 2010 National or Local Elections.”

By virtue of a release order issued by Calbayog RTC Judge Reynaldo B. Clemens, he was temporarily freed and allowed to go home.

The PNP escorts implicated in the same case were also apprehended on that day while reassigned at Northern Samar Police Office, and now under the custody of the Regional Police Office 8 after posting bail. They would be presented before the court along with Gandara Mayor Cabueños for the hearing of the case.

2 hollow grave sites in Gandara

2 hollow grave sites were allegedly discovered by Gandara PNP forces lately. This was in addition to the previous 6 excavated by local authorities whose remains were retrieved; autopsy and other forensic examinations were already conducted.

Dir. Hubilla revealed that this has been a welcome development in the area. The police are gaining back the trust and confidence of the people. There are volunteer witnesses who are willing to testify before the court. In fact, complaint-affidavits of both the aggrieved party and its respective witnesses are undergoing review.

“Witnesses can identify the perpetrators as well as the victims, the grave sites and where the crimes were committed. So I would say, they are competent witnesses,” says Hubilla.

He accounted the 5 remains exhumed by PNP forces such as Benedicto Padac (August 11, 2009 crime committed), Benigno Oreta (November 29, 2008), Anthony Aregon (December 1, 2006), Luis Docong (December 28, 2005) and Allan Torres.

There are 2-3 target grave sites which are still subject for excavation.

Since the investigation is on the verge of evaluation, the PNP provincial director has yet to disclose names of suspect/s implicated in the unsolved killings of said municipality.

Because of the trend… in a very, very short time magiging kalmado na ang Gandara, assured Hubilla.

Selection, recommendation of PNP Chief outside LCE control

Hubilla believed that lawmakers of PNoy’s administration are mandated to study the proposed autonomy of the PNP in the selection and choice of chief of police in all cities and municipalities.

He is however amenable to the present set-up that the choice of COP be still subject to the recommendations of the local chief executive.

“Sa tingin ko naman, kahit na ganito ang sistema pwede naman pagandahin. So long naklaro ang gusto nating mangyari. Wala naming masama kung mamili ang LCE kasi in the first place, siya ang responsible sa area niya. Siya ang elected ng tao and he represents the sentiments of the constituents. So dapat suportahan natin ang LCE”, he justified.

When asked about the support of Gandara LCE extended to the PNP, he candidly disclosed that it ceased to continue (electric and water allowance) few months ago and the provincial office has included under the MOOE.

His office has organic resources provided to all units, and the support of the local government unit is just an “add-on”.