A 40-year-old security guard was cleared yesterday of theft charges in the loss of P1.6 million in Sinulog Foundation funds .
Asst. City Prosecutor Gandhi Truya said the charges were “mere insinuations and suspicions” and that the guard’s perceived negligence during the burglary couldn’t be used as evidence of theft.
“Other people had access to the administrative office or to the vault itself at the time. Hence, the case against respondent gives the impression that he was singled out simply because he was the guard on duty,” the resolution read.
Cebu City Prosecutor Sellon cited loopholes in the police complaint. It said Rosita Velasco was the arresting officer but she was a utility worker of the Sinulog Foundation Inc.and never claimed that she arrested the guard.
The complaint was also not signed by the Cebu City police.
Two policemen—SPO4 Jaime Toring and SPO2 Henry Estoy—executed a joint affidavit where they said they were the arresting officers.
But Sellon said the two officers had no personal knowledge of the crime.
Sellon said no photographs were presented by the Cebu City police during the inquest proceedings to show the physical appearance of the vault.
He said it was possible that the robbers knew the vault’s combination and opened it.
Sellon said Jabagat or even a man who was spotted entering the administration office of the Cebu City Sports Center at 2:50 a.m. of Jan. 15 could never be suspected of being responsible for the robbery since they didn’t know the vault’s number combination.
Only the cashier, Marie Angeli Pascual and her alternate cashier Helen Talisik know the combination.
Sellon also noticed several inconsistencies in the testimonies of the witnesses against Jabagat.
While thankful for his release, Jabagat said he has no plans of going back to work at the Cebu City Sports Center. Correspondent Tweeny Malinao and Reporter Ador Vincent Mayol