CEBU, Philippines - The Office of the Ombudsman-Visayas has dismissed a criminal and administrative complaints filed by a lumber dealer against an environment official and three other employees in deference to a separate investigation conducted by the Department of Environment and Natural Resources.
Deputy Ombudsman for the Visayas Pelagio Apostol approved the dismissal of the criminal complaint for violation of the Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act as well as the administrative complaints for grave misconduct and abuse of authority against Community Environment and Natural Resources Officer Loreto Rivac, foresters Raul Pasoc and Nolito Lapinig and employee Danilo Orbasido for being prematurely filed.
Apostol however said that the dismissal of the complaints does not prejudice a possible refiling of the case as soon as the DENR investigators found sufficient grounds to charge them.
“Out of regard for propriety, and to obviate the possibility of issuing a contrary finding from that of the office where the Administrative Adjudication Proceedings is pending, the present case must be dismissed for being premature,” the anti-graft body ruled.
The case stemmed from the respondents’ seizure of a lumber shipment from Mindanao on April 15, 2011. Encabo claimed his shipment amounting to P600,000 was legitimate but the respondents continue to seize it.
Encabo said he was granted a permit to process and ship wood from Agusan del Norte to Cebu City. But despite having all the documents the respondents seized his shipment.
Encabo presented the bill of lading which bore the stamps and signatures of personnel of the Cenro, Nasipit Agusan del Norte. He also presented a certificate of clearance. —(FREEMAN)