CEBU, Philippines - For allegedly demanding and receiving money from the complainant, special land investigator of the Community Environment and Natural Resources Office-Department of Environment and Natural Resources (CENRO-DENR) faces charges in court.
Graft investigator Yvette Christine Soleng elevated the anti-graft case against Edwin Atentar before the court after finding probable cause.
“Without a doubt, the state of affairs of the present case engenders a well-founded belief that a crime has been committed and that respondent Atentar is probably guilty of that crime and should be held for trial,” resolution reads.
Soleng, however, dismissed the case against Talisay City Assessor Ma. Alma Abellanosa, saying there was no direct evidence to prove her alleged participation. Complainant Virgilia Seguerra filed a criminal complaint for graft and dereliction of duty against Abellanosa and Atentar.
Seguerra claimed that the two conspired with each other in demanding and receiving from them P8,000 as down payment for the Survey Authority that would be conducted in relation to their Miscellaneous Sales Application (MSA) filed before CENRO-DENR.
She said they filed an MSA in the name of her son Wayne before the CENRO-DENR, Cebu City to legalize their occupancy and ownership of a parcel of land with an area of 15,088 square meters located along a foreshore area at San Roque, Talisay City.
She added that on one occasion when they went to CENRO and looked for Rizalina Labang to inquire about the progress of their MSA, the accused approached and volunteered to help them after they did not meet Labang. They accepted the offer of help.
Seguerra said the accused demanded P20,000 from them as initial payment for Survey Authority. She requested for a partial payment of P8,000 and the rest will be given after the survey was processed.
The accused, in his answer, denied the allegation of the complainant. He said he never demanded money from them. He said he only received P5,000 from complainant for the favor which they asked of him.
He said Seguerra entrusted to him P5,000 for the payment of occupation fee and to pay whatever assessment fees in relation to the MSA so that she would no longer have to spend time going back to CENRO to pay.
He said he returned the money given by the complainant to him after the latter went to their office and asked for it. He added that the allegation that he demanded and received P8,000 from the complainant was fabricated.
But Soleng ruled that the accused, as special land investigator and a member of the appraisal committee, has no business receiving money from applicant.
“It cannot be denied that the duty of special land investigator or even of the members of the Appraisal Committee did not entail the responsibility to demand, much less, receive money from MSA applicants,” resolution reads.
However, she said such issue does not fall on Section 3(e) of RA 3019 but Section 3 (c)-directly or indirectly requesting or receiving any gift for himself from any person. (FREEMAN)