Guv Vs Estenzo-Ramos, Lawyer faces raps for malicious prosecution

CEBU, Philippines - Finding probable cause, the Cebu City Prosecutor’s Office indicted lawyer Gloria Estenzo-Ramos for a criminal case of malicious prosecution filed by Cebu Governor Gwendolyn Garcia.

With the nature of the case, the accused is not required to post bail, according to Prosecutor Rodulph Joseph Val Carillo.

In her complaint, the governor said Ramos and lawyer Benjamin Cabrido maliciously filed a complaint before the Office of the Ombudsman-Visayas against her and others for their alleged failure to act on their request.

The governor said that the lawyers violated Section 35 of RA 6770 or malicious prosecution because at the time of their filing of the complaints, they were aware that the documents they wanted were available for pick up at the governor’s office.

In fact, Garcia added, Ramos welcomed the news and had stated that she will ask her staff to pick it up. Garcia attached the article published in a local newspaper to support her claim.

In her counter-affidavit, Ramos admitted she filed the complaint before the Office of the Ombudsman but insisted that it was in good faith. She added that the governor did not comply with the time given by the law to respond to the letter-request.

Carillo, upon evaluation, found probable cause to charge Ramos with malicious prosecution.

“The said section punishes as malicious prosecution the act of any person, actuated by malice or gross bad faith, in filing a completely unwarranted and false complaint against any government official and employee,” stated Carillo.

He cited Garcia’s statement that Ramos knew the availability of records on August 12, 2009 but still the complaint was filed on August 17, 2009. He added that Ramos did not deny the reports published in a newspaper on August 13, 2009 that she welcomed the news and that she will asked her staff to pick the documents because she was busy.

Carillo said there was sufficient ground to establish that respondent knew the availability of her request but still she filed a complaint before the anti-graft office.

Ombudsman decision

Earlier, Graft Investigator Joan Lou Gamboa dismissed the administrative complaints for violations of Section 7 RA 9485 (Anti-Red Tape Act) and Section 5 RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) that Ramos and Cabrido filed against Garcia, late vice governor Gregorio Sanchez Jr. and all members of the Sangguniang Panlalawigan.

Complainants said they sent a letter to the respondents and received by them on July 6, 2009 asking for a copy of the memorandum of agreement entered by the Province of Cebu and Korean Corporation allowing the latter to dump the coal ash at the government owned 25-hectare Balili property in Naga City.

The complainants likewise asked for other documents but failed to act within the time provided for by law.

In their reply, the respondents said they admitted that they received the letter of the complainant on July 6, 2009. But because the request involved lots of documents and other information they were able to finalize these before August 12, 2009.

They said they received another letter coming from Ramos on August 4, 2009.

After the filing of case, Garcia said he directed spokesperson Rory Jon Sepulveda to furnish the latter on August 18, 2009 after Ramos failed to pick it up.

Gamboa in her decision stated based on the documents it stated that complainants had knowledge of the availability of the documents on August 12, 2009.

“It is worthy to emphasize that despite knowledge by herein complainants of the availability of the documents and information requested they opted not to pick them up and instead filed this case. Complainants cannot pretend to have no clue about this and venture to pass the blame upon respondents by branding the same as the latter’s failure to act,” the decision reads.

— (FREEMAN)