CEBU CITY – A blatant disrespect of the law.

This was how a mayoral candidate in Palompon town, Leyte province described the non-appearance of the municipality’s former mayor who was supposed to be arraigned for two criminal charges filed against him.

PALOMPON, Leyte mayoral candidate Dr. Georgina Arevalo shows the undertaking and waiver of appearance that her opponent, dismissed town Mayor Ramon Oñate, allegedly violated when he skipped his arraignment for two criminal cases on Thursday, April 24. (Calvin Cordova)

Dr. Georgina Arevalo said dismissed Palompon Mayor Ramon Oñate should be penalized for not appearing in the scheduled arraignment on Thursday, April 24, before the Palompon Regional Trial Court Branch 17.

Arevalo said she would push for the issuance of a bench warrant against Oñate for violating his undertaking and waiver of appearance.

“A bench warrant can be issued because his disappearance is tantamount to disrespecting the proceedings of the court. It was like he didn’t respect the judge’s order to attend. So, I think they should be issued with a bench warrant,” Arevalo told reporters.

A bench warrant is a legal order issued by a judge to direct law enforcers to arrest and bring an individual before the court, usually for failing to appear in court, for violating court orders, or for contempt of court.

Arevalo also considered Oñate a flight risk. “If he has the capacity to pay bail, then he has the capacity to leave Palompon or the country,” Arevalo said.

Palompon RTC Branch 17 Judge Dexter Aguilar ordered a reset of the arraignment to June 5. The Office of the Ombudsman was also asked to comment on the motion to quash information within five days.

Warrants for the arrest for Oñate and 13 other respondents were issued on March 13. As they posted bail, the respondents undersigned the undertaking and waiver of appearance the same day.

The undertaking stated that it “shall remain enforced at all stages of the case until promulgation of the judgement of the Regional Trial Court.”

It will also require Oñate and the other respondents to “appear before the proper court whenever required by the Court or the Rules of Court, and in case of my failure to appear, a warrant of arrest shall (be) issue against me and my bond shall be confiscated.”

“That my failure to appear at the trial of my case without justification and despite due notice shall be deemed a waiver of my right to be present thereat. In such a case, my trial may proceed in absentia,” said the undertaking.

During the arraignment, Oñate’s legal counsel Gerenstein Banzon told the court that they still had a pending motion to quash information with motion to hold in abeyance further proceedings and formal entry of appearance of counsel for the accused, and the Office of the Ombudsman had yet to comment on the matter.

Arevalo said the filing of the motion to quash was a “delaying tactic.”

“His non-appearance is a delaying tactic because the election is already upcoming,” Arevalo said.

Oñate denied any wrongdoing and said that the accusations against him are politically motivated.

Ombudsman Samuel Martires ordered Oñate and 10 others dismissed from government service after they were found guilty of grave misconduct and serious dishonesty for the misappropriation of public funds for the purchase of fuel, oil, and lubricant for three vehicles that have been decommissioned and were already beyond repair.

Oñate and 13 others are facing charges of malversation through falsification of public documents and violation of Section 3(e) of the Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The other respondents of the administrative case were Sangguniang Bayan Members Margarito Bensig Jr., Esperanza Sumalinog, Emmanuel Laurente, Consuelo Bonghanoy, Ranulfo Gaspan Sr., Jonathan Yap, and Rene Camposano, drivers Alfredo Lubiano and Pablo Chavarria, and local legislative staff Debbie Ann Dignos.

Still pending before the RTC are the criminal cases against Oñate, Bensig, Sumalinog, Laurente, Bonghanoy, Gaspan, Camposano, Lubiano, Chavarria, Dignos, Evanna Kirstie Misagal, William Balasabas, and Ranulfo Gaspan Jr.