CEBU, Philippines - The Office of the Ombudsman in the Visayas cleared the agents of the National Bureau of Investigation (NBI) 7 and three others of the misconduct and abuse of authority charges filed against them by a former NBI confidential agent.
In her 15-page decision, graft investigation and prosecution officer Yvette Christine Labrador-Soleng found no evidence to hold the respondents liable of the charges they are facing.
“To reiterate, this very same issue was already passed upon and resolved
with finality by the Office of the City Prosecutor of Cebu City and Talisay City, respectively. Thus, under the present scheme of things, the administrative complaint against respondents’ has no leg to stand on,†the decision reads.
Named respondents were special investigator Arnel Pura, medico legal officer Dr. Rene Cam and provincial government contractual employee Xerxes Baladya, all of the NBI; senior administrative officer III Juniver Berdin of the Office of Provincial Board Member Jude Sybico; complaint/investigative non-commissioned officer Joan Uy of the Central Command and information clerk Merly Golosino of Mandaue District Hospital.
The graft investigator ruled that complainant Robert Yee has committed forum shopping as he already filed administrative complaint against Pura, Cam and Baladya before the Internal Affairs Division of the NBI.
Yee has also filed an administrative complaint against Berdin before the Office of the Provincial Governor, Provincial Administrator’s Office and Human Resources Management Office.
In his complaint, Yee, said he was a victim of an extortion attempt of the respondents.
“Complainant Yee maintained that above-named respondents plotted a grand extortion attempt to the tune of P3 million from him utilizing, inducing and coercing a lady minor, then 17-year old to file a concocted and fabricated complaint for rape against him,†the complaint reads.
Yee said there were complaints of rape filed against him before the Prosecutor’s Office but were already dismissed.
He said that sometime in April 2011, the minor together with her mother and lawyer confessed about extortion plan of the respondents.
But Soleng ruled to dismiss the complaint as Yee failed to inform their office about the “very same complaint†he filed before the other investigating bodies. - /MBG (FREEMAN)