THE National Bureau of Investigation has filed administrative case for grave misconduct against former Negros Oriental provincial election supervisor Manuel Advincula who was earlier arrested for allegedly extorting money from a congressional candidate.
NBI regional director Medardo De Lemos also wrote acting deputy ombudsman for the Visayas, Virginia Palanca Santiago, asking for a review of the dismissal of two of the three charges earlier filed against Advincula at the Dumaguete City Prosecutor’s Office.
De Lemos transmitted to the Ombudsman all the records of the case for its appreciation.
The NBI was disappointed by the prosecutor’s dismissal of the charges against Advincula for graft and for violation of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Dumaguete City prosecutor Adrian Borromeo, upon the recommendation of assistant city prosecutor May Flor Duka, dismissed the two charges, and indicted Advincula for direct bribery only.
The prosecutor’s contention in clearing Advincula from the two other charges was that there was no transaction or contract involved in the alleged extortion.
“Res ipsa loquitor, it is beyond doubt that there is no transaction or contract involved in this case,” the prosecutors said in their resolution.
They further ruled that the charge for violation of the R.A. 6713 had to be dismissed also for lack of jurisdiction, which should rests with the Civil Service Commission.
The NBI however believed that the dismissal of the two charges, in spite of the uncontroverted evidence against Advincula, was irregular so the Ombudsman must review the prosecutors’ findings.
NBI-Cebu agents arrested Advincula three days before the May 14 elections while allegedly in the act of receiving P50,000 in cash.
It was reportedly a bribe money, which is part of the P300,000 he demanded from congressional candidate Edgar Teves to facilitate the dismissal of the disqualification case filed against the latter.
After the arrest of Advincula, Comelec regional director Ray Rene Buac decided to relieve him from the post of election supervisor of Negros Oriental. — Fred P. Languido/RAE