Ombuds clears brgy captain of threats, coercion charges

The Ombudsman-Visayas recently cleared the barangay captain of Bagacay in Sibonga town of grave threats and grave coercion charges for insufficient evidence.

Complainants Jonathan Mortes and Lolita Malilong, in their complaint against barangay captain Alfredo Bacacao Jr., only submitted a medical certificate and two excerpts of the police blotter on the incident but failed to refute the evidences the respondent had also presented.

The threats and coercion charges "cannot hold water as the allegations of the complainants are uncorroborated by any other witness or evidence," said graft investigator Noel Bragat in his 4-page resolution of the case.

However, Bacacao was indicted, through the provincial prosecutor, for slight physical injuries because the complainants' medical certificate "supported the allegations."

For the threats and coercion charges, Bragat ruled that these "must be dismissed for insufficiency of evidence."

Mortes and Malilong filed the charges against Bacacao who they accused of stopping their delivery of hog feeds in the barangay, last March 17, while the official brandished his gun at them and boxed Mortes on the stomach, chin and arm.

The complainants said they were unloading hog feeds for their friend in the barangay when the allegedly drunken Bacacao arrived and ordered them to stop.

When Mortes disregarded the order, the barangay official allegedly hit him on his body, then draw out his "licensed" gun causing Malilong to urinate on her pants out of fear.

Bacacao, in his counter-affidavit, denied and tagged the allegations as "outright lies" and "mere fabrications," claiming further that he only did his duty in stopping the delivery of the feeds.

He said the Country Livestock and Development Corporation was already ordered closed and its operation stopped by the town mayor and the Department of Environment and Natural Resources.

Bacacao countered that it was Mortes who punched him resulting to the bruises in his body. He said he reported the incident to the police and filed a direct assault charge against Mortes and Malilong.

Bacacao submitted to the Ombudsman a medical certificate, dated March 17, the closure orders, a copy of the direct assault complaint, the police blotter, among others.