• GILBERT P. BAYORAN
The Office of the Ombudsman has dismissed the criminal and administrative charges filed by former E.B. Magalona Vice Mayor Rob Acaling against Mayor Marvin Malacon and nine others for lack of probable cause and lack of substantial evidence.
They were cleared for alleged violation of Section 3 (e) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act for illegal use of public funds or property and RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees for dishonesty, grave abuse of authority and grave misconduct.
Aside from Malacon, also cleared from the charges were then councilor now Vice Mayor Eric Matulac, Councilors Joey Pugales, Reylan Gamboa Sr., Isidro Gomed Jr., Gelita Parcon and Jovie Madayag, and Tanza barangay captain Leah Beri.
Acaling accused the respondents of conspiring to endorse a resolution granting the municipal mayor the authority to sign a memorandum of agreement without adequate deliberation or discussions.
Subsequently, the respondents disbursed public funds in the form of financial assistance to 23 barangays, including Barangay Tanza, without the existence of any appropriate ordinance, according to the complaint.
“Following a thorough examination of these case records, however, this Office concludes that the available evidence is insufficient to establish criminal and administrative liability against the respondents,” the Ombudsman said.
On Oct. 26, 2018, Acaling submitted an affidavit of desistance, claiming that after evaluating the facts and evidence in his position, he is no longer interested in pursuing “string of criminal cases” he filed against the respondents, Madayag said in a press briefing held at the E.B. Magalona Asenso Hall on Monday (July 29).
The ruling, which was approved by Ombudsman Samuel Martires, said: “Initially, this office is not compelled to dismiss a case solely based on the submission of complainant’s affidavit of desistance, as it can potentially be influenced by monetary considerations, or undue pressure”.
As the guardian of the public interest, the Ombudsman said that it is obligated to examine the substance of the case, irrespective of any attempt by the complainant to withdraw or recant.
Although there was an affidavit of desistance from the accuser, the Ombudsman proceeded with the investigation, which led to the dismissal of cases, due to lack of probable cause.
Madayag recalled that a total of 31 cases were filed against Malacon while 29 cases were also filed against him by Acaling, along with 28 cases lodged against the five other town councilors.
All have been dismissed by the Ombudsman also for lack of probable cause, he added.
Majority of the 23 barangay captains, as well as then budget officer Jessilyn Plaza, municipal treasurer Riza Diaz and Debbie Ann Monte were also not spared from the filing of cases, which were also later dismissed by the Ombudsman, Madayag further said.
Malacon said that the filing of numerous cases against him and the other respondents started in 2017.
He and the other respondents decided to also file counter charges against their accusers and those who stood as witnesses in the filing of trumped up charges against them to teach them a lesson, the mayor said.
Malacon did not elaborate on the plan, pending consultation with their legal counsels. Madayag said they may file for damages against their accusers. | GB
