• GILBERT P. BAYORAN
The Office of the Ombudsman has dismissed 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.
Aside from Malacon, also cleared by the Ombudsman for alleged violation of Section 3 (e) of RA 3019, Illegal Use of Public Funds or Property, RA 6713, dishonesty, grave abuse of authority and grave misconduct, were then Councilor and current Vice Mayor Eric Matulac, Sangguniang Bayan Members Joey Pugales, Reylan Gamboa Sr, Isidro Gomed Jr., Gelita Parcon, and Jovie Madayag, as well as 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, Ombudsman records showed.
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 October 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, revealed in a press briefing.
In the latest ruling, which was approved by Ombudsman Visayas Samuel Martires, it 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 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, Madayag said the Ombudsman proceeded with their investigations, which led to the dismissal of cases, due to lack of probable cause.
Madayag recalled that a total of 31 cases were filed against Mayor Malacon, while 29 cases were also filed against him by Acaling, with 28 cases also lodged against 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 in the filing of cases, which was also later dismissed by the Ombudsman, Madayag further said.
On the other hand, Malacon said the filing of numerous cases filed against him and other respondents started in 2017.
Malacon said he and the other respondents have decided to 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.
Malacon, however, did not elaborate further, pending consultation with their legal counsels.
Madayag said they may file damages against their accusers.
Also present during the press briefing at the E.B. Magalona Asenso Hall, and also cleared of charges by the Ombudsman were Consing barangay captain Rio Jemella, former Damgo Brgy. Chairman Maria Fe Monarca, ex Cudangdang Brgy. Capt. Ronaldo Olano, former Gahit Brgy. Capt. Larry Jayona, former Brgy. 2 Poblacion chairman Gerald Lopez, Pasil barangay chairwoman Sharen Belen, aside from Beri, Diaz, Plaza, Monte, Gomed, Pugales, Parcon, Matulac, and Madayag.*
