Ilocos mayor hunted for illegal detention; vice mayor takes over

CABUGAO, Ilocos Sur --  The National Bureau of Investigation is now hunting the mayor here who was ordered arrested over the padlocking of a government-owned resort with its operator and four-year-old son trapped inside.

Justice Secretary Menardo Guevarra said NBI agents have joined the manhunt for Cabugao Mayor Josh Edward Cobangbang after the Ilocos Sur police failed to serve a warrant of arrest for serious illegal detention and grave coercion.

“The NBI has tapped agents to arrest Mayor Cobangbang pursuant to the warrant issued by the RTC,” Guevarra said, referring to the order of Cabugao Regional Trial Court Branch 24 Judge Raphiel Alzate.

Guevarra said prosecutors would also seek the issuance of a hold departure order against Cobangbang.

As this developed, the Dept. of the Interior and Local Government  appointed Vice Mayor Deogracias Jose Victorino Savellano as acting mayor of Cabugao.

The DILG regional office said Cobangbang is “temporarily incapacitated” to perform the responsibilities of a town mayor in view of the charges he is facing.

Cobangbang and 18 others were ordered arrested after the court upheld the finding of probable cause by the Department of Justice in the complaint filed by resort operator Virginia Ong.

The DOJ granted the petition for review that Ong filed and reversed the April 23, 2018 resolution of the provincial prosecutor’s office that dismissed the charges for lack of probable cause.

The elements of serious illegal detention were present in the case, noting that a private individual was detained by a public official without lawful basis, according to the DOJ.

Ong, her son and some of her employees were forced to stay in the padlocked resort until their lawyer and the police arrived the following day.

The court said the offense is non-bailable.

Prior to the incident, Cobangbang demanded that Ong and her employees leave the resort.

Ong refused, saying her lease contract is until 2025.

The Department of Justice found probable cause to indict Cobangbang and his co-accused on Jan. 15.

If found guilty, Cobangbang and the other respondents face a maximum penalty of reclusion perpetua or 40 years imprisonment for serious illegal detention and up to 6 months jail time for grave coercion.

In its letter to Vice Mayor Savellano, DILG Region I cited a 2016 DILG opinion involving another absentee mayor.

The opinion said that if the evasion of a warrant of arrest and prosecution of charges coupled with other circumstances such as the mayor's physical absence would amount to a temporary incapacity to perform his duties and functions, section 46(a) of the Local Government Code allows the elected vice mayor to assume, in a temporary capacity, the mayor's post. 

"Thus, following the aforecited opinion, as the elected Vice Mayor, you can assume the Office of the Mayor of Cabugao, Ilocos Sur in a temporary capacity and perform the duties thereof," the opinion said.

The NBI tapped teams of agents to arrest Cobangbang, according to Justice Secretary Menardo Guevarra.

He added that a hold departure order may soon be issued by the court.

"The issuance of an HDO by the RTC is a matter of course upon motion if the trial prosecutors, especially since the warrant of arrest could not be served upon the accused," he said.