Wagas to file charges against guards

FORMER Compostela mayor Gilbert Wagas filed contempt charges against four prison guards who refused to follow a court order allowing him to be confined in a Cebu City hospital.

In his complaint, Wagas said the four guards refused to heed an order from Regional Trial Court Judge Teresita Galanida allowing him confinement in the Metro Cebu Community Hospital last Nov. 10.

Contempt charges were filed by Wagas against PSO1 Gabriel Macan, PPG2 Jovi Santiago, PG1 Sandy Marguez, and PG1 Jonathan Fernandez.

He said the guards hailed a taxi for a return flight Muntinlupa City where he is detained on malversation charges.

Wagas said the guards told him that they were only acting on orders of their superiors at the National Bilibid penitentiary in Muntinlupa.

“The defiance by respondents of the court order… had caused the government additional expenses in relation to going back to Muntinlupa City and the going back again and returning to Cebu City for the Nov. 15 hearing,” Wagas’ lawyer George Bragat said.

Wagas was scheduled to attend a hearing on the libel charges filed against him by Daanbantayan Mayor Maria Luisa Loot at the Regional Trial Court (RTC) Branch 56 in Mandaue City.

Though Judge Galanida was not around to preside over the hearing, she previously granted Wagas’ confinement in the hospital from the time he arrived in Cebu until the Nov. 10 hearing.

Wagas was brought by jail guards to the Palace of Justice yesterday morning for another  hearing before Municipal Trial Court in Cities (MTCC) in Branch 3.

That hearing was also canceled after Regional Trial Court Judge Gil Acosta was absent.

Judge Acosta reportedly allowed Wagas to extend his stay in the Metro Cebu Community Hospital.

It was not known if Wagas was confined or brought back to the Bilibid prisons in Muntinglupa.

Wagas said reports that he has been staying inside the hospital to avoid jail came from his political opponents, the Durano clan.

He was convicted by the Sandiganbayan of malversation of public funds for failing to account for over P300,000 in funds from the municipal treasury.  He was sentenced to 13 to 19 years in prison.

Wagas faced charges for violating Batas Pambansa Blg. 22 or the Anti-Bouncing Check Law before MTCC Branch 3.

The case was provisionally dismissed after the complainant, Liduvina Llanto, failed to attend a number of hearings.

Wagas is seeking the permanent dismissal of the case.

His hospital confinement stirred questions when Cebu Daily News earlier found the ex-mayor in Room 256 of the Visayas Community Medical Center last July 25. The hospital staff earlier denied he was there.

Based on the records at MTCC Branch 3, Wagas sought hospital confinement for at least four times since July 2011. His request is usually granted by Judge Acosta.

In an interview, the judge believed it is proper to allow Wagas to seek medical treatment in the hospital.

Judge Acosta said Wagas usually attached in his motions for hospital confinement recommendations of doctors regarding the health status of the accused.

In his latest motion for hospital confinement and treatment, defense lawyer Bragat said Wagas “has long been suffering from diabetes where his sugar level is alarmingly high.” Reporter Ador Vincent Mayol