COMPOSTELA Mayor Ritchie Wagas wrote a letter to his constituents, alluding that politics is behind the arrest of his brother Gilbert, a former mayor of the town.

Ritchie attached a Sept. 29-Supreme Court en banc resolution denying the request of Rep. Ramon “Red” Durano VI (Cebu, 5th district) for a copy of Gilbert’s case before the High Tribunal since the congressman is not a party to the case.

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Durano, through his media officer Yamie Vestal, confirmed that he requested for a copy of the case sometime in September since the congressman’s constituents have requested him to do it.

He also denied that he is threatened by Gilbert’s plan to run against him in next year’s elections.

“Because we consider him (Gilbert) a nuisance (candidate) and the people of the fifth district are smart voters, they know how to choose their leaders,” Vestal said in a text message.

To Muntinlupa

Gilbert, who was convicted of malversation of public funds, was transferred to the National Penitentiary in Muntinlupa yesterday.

From his detention cell in the Sandiganbayan, Gilbert, who was not handcuffed and was wearing a white shirt and jeans with a cell phone in hand, was accompanied by sheriffs, headed by Sandiganbayan Security and Sheriffs Chief Edgardo Urieta straight to the Medium Security Prison at around 3 p.m.

As soon as the order was filed around 1 p.m., travel permissions were immediately processed.

Wagas was arrested last Wednesday by National Bureau of Investigation 7 operatives by virtue of the bench warrant issued on July 2, 2003, following his conviction on Oct. 8, 2001. He was then transported to Manila.

He was flown to Manila at 11 a.m. Thursday and was brought to Sandiganbayan the same day. He was detained there.

A hearing regarding the arrest has been set on Nov. 10, Gilbert’s camp said.

Gilbert was sentenced to life imprisonment by the Sandiganbayan for failure to account for P376,618.85 worth of public funds. He was charged with then Compostela municipal treasurer Dominador Maravillas Jr., who is now also in jail.

Maravillas has said the check for the cash advance did not go through him.

Wagas, for his part, said in court that the funds were sourced from the Human Resource Development Intelligence Fund under the Municipal Council Profession Ordinance.

The court, fronted by Presiding Justice Francis E. Garchitorena, said that both parties failed to present evidences proving such and ruled that Maravillas did not just consent to the cash advance but also conspired with Wagas.

Court records show that Wagas and Maravillas filed separate requests before the Supreme Court (SC) to give them 15 days to file motions for reconsideration. The SC granted them 30 days, but both failed to file any motion.

Because of this, the case had been deemed “closed and terminated,” making the arrest and the charges final.

Wagas insisted Thursday than an omnibus motion and another motion were still unresolved by the SC.

“They are attacking us based on technicalities. Justice should be substantial and not technical,” Gilbert said in an interview.

Political

But for Ritchie, the arrest was politically motivated.

“There were many obstacles that Gilbert went through because of his political principles to free the fifth district of the remnants of the Marcos dictatorship found in the Duranos of Danao,” Ritchie’s open letter in Bisaya read.

Ritchie also narrated how his older brother was arrested.

Ritchie said he was with his brother last Nov. 4 when he dropped him off at SM City Cebu while he was on his way to another mall.

But before Ritchie reached his destination, he received a call from Gilbert who said that he was arrested by the NBI.

Ritchie proceeded to the NBI office to meet his brother and was surprised to see Gilbert’s face bruised.

Gilbert allegedly resisted arrest and was injured in the forehead in the process.

Ritchie said he was shocked and hurt to see his brother’s bruised face but kept the matter to himself.

The mayor explained that the case was originally dismissed before the Office of the Ombudsman-Visayas but it was reversed by the Ombudsman in Manila. An estafa case was filed against Gilbert because of a cash advance that was not allowed by the Commission on Audit.

However, Ritchie lamented that the estafa case suddenly became a malversation of public funds case.

Ritchie also admitted that his brother was advised to just return the money but Gilbert was adamant against it because he has complete documentation of the questioned cash advance.

Ritchie insisted that while the Sandiganbayan sentenced Gilbert to life imprisonment, the former mayor was able to acquire a release order and a motion for reconsideration is still pending before the SC.

Mayor Wagas ended his open letter with, “Justice for Gilbert Wagas! Justice for all victims of political persecutions!” (JGA/RSA/(Sunnex)

Published in the Sun.Star Cebu newspaper on November 7, 2009.