CEBU, Philippines - The Office of the Ombudsman has affirmed its earlier ruling finding probable cause to charge SPO2 Edgar Perea for robbery for allegedly trying to extort money from a man arrested for illegal possession of firearms.
This after graft investigator Lyn Llamasares denied the motion for reconsideration filed by Perea for lack of merit.
Perea had said the allegations against him were all fabrication by the complainants and served as counter-charges. He argued that the charge against him should have been direct bribery and violation of Republic Act 3019 or Anti-graft and Corrupt Practices Act and not robbery.
However, Llamasares said Perea failed to present new evidence to support his motion for reconsideration.
“A perusal of the motion for reconsideration reveals that there were no new evidence submitted which materially affects the subject resolution,” Llamasares’ order reads.
“Respondent’s bare denial cannot prevail over the positive testimonies of the complainant and his witnesses,” the order reads further.
Llamasares said complainants Ronnie and Pinky Hernani positively identified Perea as the police officer who demanded and received money amounting to P70,000 in exchange of dropping the complaint against Ronnie.
Graft investigator said she found that the testimony of witness Alexon Hernani corroborated the allegations of complainants Ronnie and Pinky.
Alexon identified Perea as the police officer who instructed him to raise the money before 11:00 a.m. followed by a threat that if he will not produce the money, the will proceed to the Provincial Prosecutor for inquest.
On Perea’s argument that he should have been charged for robbery, Llamasares said, “The nature and character of the crime charged is determined not by the specification of the provision of the law alleged to have been violated but the facts alleged in the indictment.”
Ronnie said he was arrested on March 9, 2008 at the Garden Bloom Acres in Consolacion town for illegal possession of firearms. He alleged that the arresting officers had asked P70,000 from him in exchange of not filing the complaint.
He then sought help from the National Bureau of Investigation, which became the nominal complainant against Perea, PINSP Elmer Roberto Balaba, SPO4 Reynaldo Matillano, SPO4 Rodrigo Perez, SPO2 Pedro Tan and PO3 Artemio Tumakay, Jr.
However, after investigation, graft investigator Conrado Estreller Jr. cleared Matillano, Balaba, Perez, Tan and Tumakay from charges for lack of merit. He then recommended the filing of a robbery case against Perea after witnesses identified him as the one who allegedly demanded and received the P70,000. — (FREEMAN)