CEBU, Philippines - The Office of the Ombudsman Visayas has dismissed a criminal complaint for violation of the Anti-graft and Corrupt Practices Act against the Lupon officials and members of Barangay Tabunok, Talisay City.
Graft investigator Euphemia Bacalso has cleared Lupon chairperson Maria Jocelyn Baluga, Lupon Secretary Milagros Talandron and Lupon members Ronnie Iman and Nestor Abellana of the complaint filed by Armando Valizado for violation of Section 3 (e) of the Republic Act 3019.
“Being no sufficient evidence to engender a well-founded belief that respondents are probably liable for anti-graft and corrupt practices act, the present complaint is hereby dismissed,” Bacalso’s resolution reads.
The complaint stemmed from the respondents’ alleged delay in the issuance of a certificate to file action in favor of the complainant.
Valizado claimed that the delay resulted in the dismissal of the criminal complaint he filed before the Talisay City Prosecutor’s Office for technicality.
“By reason of the legal technicality, the case was dismissed by the Office of the City Prosecutor of Talisay City pursuant to Article 90, Revised Penal Code providing for prescriptions of offenses,” Valizado said.
The complainant said he filed in November 16, 2010 before the barangay a complaint for slight physical injuries against Milagros Loremel and Mary Loresto.
Valizado said the respondents did not immediately issue the certificate to file action despite the failure in the conciliation process. Valizado said he was issued the needed certificate only in March 10, 2011.
The respondents denied the complaint saying what was filed in November 2010 was a separate complaint for oral defamation which was issued a certification in January 2011 yet. — (FREEMAN)