CEBU, Philippines - The Office of the Ombudsman-Visayas has dismissed administrative case filed against two prosecutors at the Cebu City Prosecutor’s Office for allegedly receiving gifts.
Graft investigator Maria Regina Hagad-Fernandez cleared City Prosecutor Nicolas Sellon and Prosecutor Victor Laborte for misconduct/abuse of authority for lack of substantial evidence.
Fernandez ruled that complainants Emmanuel Quinan, Jr. and Efrem Quinan failed to present sufficient evidence to charge respondents for the case.
“A review of the records, however, shows that there is utter lack of evidence adduced by the complainants showing that respondents committed the offenses charged,” Fernandez’ decision reads.
She said the complainants failed to present proof that the yellow bags, which they accused the two prosecutors of receiving from Ruperto Zamora, Bernardo Zamora, Francisco Yepes and Marion Enriquez, were indeed gifts.
“No evidence was submitted to show that the yellow plastic bags are thank you gifts,” Fernandez said.
In their complaint, Emmanuel and Efren alleged they went to the prosecutor’s office at past 1pm on December 27, 2007 to follow up on cases they have filed against Yepes.
Complainants said they were standing near the cashier’s office when they allegedly saw Bernardo, Ruperto, Yepes and Enriquez enter the prosecutor’s office bringing yellow plastic bags of gifts.
They reportedly followed the four and saw them enter Laborte’s cubicle.
“While still by the glass door, complainants saw respondent Laborte smilingly come out of his office carrying one of the plastic bags of gifts. Without Laborte seeing complainants, they followed him and saw him go in a hallway leading to respondent Sellon’s Office,” complainants said.
Complainants added that when Yepes and company saw them, the four hurriedly left the prosecutor’s office without waiting for Laborte to return.
The complainants said the act of giving was a form of “bribe in consideration of past favors and inducement of future favors on account of the office.” In this case, allegedly by Sellon’s and Laborte’s office.
In return, Sellon approved the resolution prepared by Laborte, which found probable cause to indict Emmanuel for falsification in a separate case.
In their counter-affidavit, Sellon said the complaint against them was a mere rehash of a previous case filed by Emmanuel. The only difference in the misconduct/abuse of authority case, he said, is the number of complainants.
Sellon also denied the allegations of complainants that he received gifts from the Zamora brothers in consideration of past and future favors.
Laborte, for his part, denied the accusation claiming he was on leave on December 27, 2007 when the complainants allegedly saw the Zamora brothers bring the yellow plastic bags to his office.
Laborte said he actually took a leave as early as December 21, 2007 and only reported back to work on January 2, 2008. Because of this, it would be physically impossible for him to be at the prosecutor’s office on December 27. — (FREEMAN)