Ex-Camarines Norte gov faces malversation raps over lost firearm

MANILA, Philippines - The Office of the Ombudsman has asked the Sandiganbayan to expedite the trial of a former provincial governor in the Bicol region who was charged with malversation of public property. The case stemmed from former Camarines Norte governor Casimiro “Roy” Padilla’s failure to return a Cal. 45 pistol issued to him by the Philippine National Police on August 25, 1992. In a motion filed last September 5 before the Sandiganbayan First Division, Office of the Special Prosecutor-Bureau VI acting director Diosdado V. Calonge moved for the dismissal of Padilla's request for a new preliminary investigation and sought for the immediate setting of trial on the case. Calonge said the defendant’s motion of preliminary investigation has no legal basis. "(T)he accused was given an ample opportunity to file his counter-affidavit to the Criminal Complaint but failed to do so… (and) was deemed to have waived such right. In fine, accused was not at all deprived of procedural due process," Calonge said. Superintendent Juan B. Amazona, Camarines Norte-PNP provincial investigation officer, filed the complaint against Padilla on September 3, 2001 after the defendant failed to return the firearm despite three demand letters sent to him in August 1999 and July and September 2000. At the time, Padilla has just completed a full term as congressman of Camarines Norte. In his reply-letter in 1999, Padilla claimed he had already returned the gun. SPO4 Lorenzo V. Calibara, PNP provincial supply accountable officer, however pointed out that the memorandum receipt for the firearm remains in Padilla's possession which means that no such turnover took place. The complaint was originally filed before municipal trial court of Daet, Camarines Norte, which ordered Padilla to file his counter-affidavit to refute the charges. After the former governor and congressman failed to comply, the MTC issued another directive dated January 29, 2002 ordering the transfer of the case to the Sandiganbayan which has proper jurisdiction in respect to the defenant's high position in government. "What is controlling is that the accused does not dispute that he received on loan from Camarines Norte PNP... the subject pistol Cal. 45, SN-1955819. (T)he accused cannot now deny the existence and the rightful ownership of the firearm in question," Calonge said. - GMANews.TV