Graft raps vs. Gwen & others dismissed

CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed a graft complaint filed against Governor Gwendolyn Garcia and other officials of the provincial government, Naga City and the Bureau of Internal Revenue for insufficient evidence.

Graft investigator Luz Awayan dismissed the complaint filed by Leopolda Cecilio and Rodulfo Morelos for violation of the Anti-graft and Corrupt Practices Act and grave abuse of authority against the respondents.

The other respondents are Cebu provincial treasurer Roy Salubre, Cebu provincial assessor Anthony Sususco, Naga municipal assessor Alfredo Yong, Naga municipal treasurer Anna Maria Gabilan, Cebu Provincial Registry of Deeds head Manolo Rubi, Regional Director of BIR Cebu City Jose Tan and Revenue district officer of BIR Talisay City Rogelio Balaga.

It was in August 3, 2009 when Cecilio and Morelos filed charges before the Office of the Ombudsman-Visayas alleging that the respondents had a hand in the “highly irregular and wrongful tax assessment” on the property they owned.

However, Awayan discovered that the complainants failed to pay the amount of tax due, thus the provincial government forfeited the land parcel in favor of the government.

Awayan found this out after a conference was set on November 19, 2008 by both parties.

The Office of the Ombudsman-Visayas then advised the complainants to file a civil case before the regular court. However, they opted to file before the Office of the Ombudsman for another graft case, Article 213 of Revised Penal Code and grave abuse of authority on August 3, 2009 against the respondents.

The complainants likewise filed supplemental pleadings for inclusion of additional parties on September 29, 2010 and charged additional respondents Garcia, Tan and Balaga.

Awayan said the issue to resolve is whether or not the tax assessment was valid and the legality of the provincial government’s act in forfeiting the subject parcel of land in its favor after the complainants failed to pay the tax due on the realty.

Based on the records, Awayan said she found no evidence to charge the respondents for graft and grave abuse of authority.

“After a judicious reading of the documents appended to the complaint and supplemental pleading, the complaint is still wanting of any facts that would make out a case for violation of Republic Act 3019 and Art. 213 of the Revised Penal Code, for clearly, the issues are within the ambit of judicial determination,” the order read. (FREEMAN)