POSD, bocap trade legal blows over Malcolm gambling den raid

By Isagani S. Liporada

BAGUIO CITY – “They were trying to elude us, scampering in all directions when we approached the target site. When we got there, there were no bingo players save for three suspected hired hands operating what seemed to be jueteng.”

Thus, related Public Order and Safety Division chief Fernando Moyaen of events transpiring during the joint POSD-police raid of a suspected gambling lair at 22 Jacinto St. , Barangay Malcolm Square here on Nov 29.

“If it truly were bingo socials, why didn’t we find any ‘socials’ and bingo cards in the area,?” Moyaen said. “By all indications, they were doing something illegal.”

Gambling paraphernalia and bet money amounting to P14,335.00 were confiscated by the team during the 4 p.m. crackdown.

On the same day, Moyaen, Chief Insp. Nestor Carino, and the mayor’s executive assistant III, Policarpio Cambod, filed joint affidavit-complaint tagging Daniel Mirasol, 38, Allan Alvarez 27, and Dexter Santos, 20 for violation of Presidential Decree No. 1602 – the anti illegal gambling law.

Mayor Mauricio Domogan reiterated his anti-gambling stance reminding newly-installed barangay officials of their sworn duty to uphold the law during the ‘Ugnayan’ presser hosted by DZEQ ‘Radio ng Bayan.’

“We cannot guard everybody’s activities day and night,” he said urging barangay officials and city constituents to be vigilant in curbing illegal gambling activities and coordinating knowledge of the same with his office.

He said officials of Barangay Malcolm Square offered no explanation after the raid. “Apparently, an official of the barangay even claims what was raided was bingo socials legally operating. But looking at the reports that reached my office, it is clear they were [running something else] other than bingo.”

Domogan added “I have already advised investigators to look into the identity of this official and his cohorts so they could be sued with the three hired hands arrested during the raid.”

The hired hands who run the controversial gambling operations are all natives of Lipa, Batangas and not from the concerned barangay.

This, as William Domoguen, reported barangay captain of the area filed complaint against city police and POSD element over the raid.

In a Dec. 1 complaut, Domogen accused Moyaen, et al. of illegal arrest, grave coercion, robbery, extortion, and usurpation of authority.

Domoguen maintained the raided activity was legal by virtue of barangay resolution No. 15-2010.

He cited a decision penned by Regional Trial Court Branch V judge Antonio Estevez on Nov. 30, 2006, declaring barangay councils are vested with authority under the Local Government Code to hold bingo sa barangay to raise funds.

He also cited an April 18, 2006 order of the same court granting the prayer of the Association of Barangay Councils for a “twenty day restraining order” from date of the said court.

The lower court’s decision was challenged by the City Government and the Republic of the Philippines through the Office of the Solicitor General.

The case is pending with the Court of Appeals.

Earlier, Liga public relations officer Benjamin Macadangdang said “The board never authorized anybody to operate bingo sa barangay. Thus any operation of the same should be condemned.”