By Isagani S. Liporada
BAGUIO CITY – The city government and a barangay chief in the central business district are now poised to file counter suits against each other following the recent raid on an establishment by city police for illegal gambling which the barangay official denied.
“We have no other recourse but to file counter charges,” said mayor Mauricio Domogan. “Our Public Order and Safety Division is now preparing counter-affidavits against officials of Malcolm Square barangay for violation of Presidential Decree No. 1602 – the anti-illegal gambling law.”
This, following a sequence of events arising from a joint POSD-police raid of a suspected gambling lair at 22 Jacinto St. , Barangay Malcolm Square on 29.
Domogan said lawyer George Dumawing, Jr. will represent POSD officers against whom punong barangay William Domoguen filed multiple charges against.
“City legal officer Melchor Carlos Rabanes on the other hand shall be representing them a contempt charge,” he added.
In a complaint dated Dec. 1, Domoguen accused POSD chief Fernando Moyaen, executive assistant III Policarpio Cambod, and their police complement of illegal arrest, grave coercion, robbery, extortion, and usurpation of authority.
Domoguen maintained the raided activity - ‘Pamaskong Handog Super Bingo sa Barangay’ was legal by virtue of barangay resolution No. 15-2010 authorizing the conduct thereof.
He likewise cited a decision penned by Regional Trial Court Branch V judge Antonio Estevez, November 30, 2006, declaring barangay councils are vested with authority under the Local Government Code to hold bingo sa barangay to raise funds.
More, he cited an April 18, 2006 order of the same court granting the prayer of the Association of Barangay Councils for a 20-day restraining order from date of the said court ruling.
The mayor expressed confidence the city’s anti-gambling stance will prevail saying the council, August 2007, stopped Small Town Lottery and other forms of gambling.
He likewise said the court’s injunction in the 2006 case being cited by Domoguen was on appeal and there were no permanent injunctions issued by the court against government curbing gambling operations.
“Our men maintain what they saw was not bingo; it was jueteng in disguise,” Domogan said.
Moyaen said, “If it truly were bingo socials, why didn’t we find any ‘socials’ and bingo cards in the area? By all indications, they were doing something illegal as they were operating clandestinely.”
He pointed out while indeed Letter of Instruction (LI) 816 issued by then president Ferdinand Marcos excluded bingo from the operation of PD 1602 (Anti-Gambling Law).”
However, LI 816 likewise provided bingo may be allowed only if it is played as parlor game or for home entertainment. LI 816 further warns bingo may be allowed only if the betting is not disguised to defeat the intent of PD 1602.
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