CEBU, Philippines - The Office of the Ombudsman-Visayas has dismissed the complaints filed against barangay officials of Malbago, Madridejos, Cebu over the non-issuance of certificate to file action.
Graft Investigation and Prosecution Officer Eden Crispy Lasala has found no proof to hold respondents barangay captain Rebecca Locaylocay and barangay secretary Jessa Lambujon for misconduct and anti-graft case.
“In this case, complainants, upon whom rest the burden of proving their cause of action, fail to show in a satisfactory manner the facts upon which they based their claim,†the resolution read.
The complaints filed by Rolando Empenida and Jassy Suduste before the anti-graft office against the respondents for an alleged refusal to issue a certificate to file action in cases where no amicable settlement arrived in the barangay level.
In her counter-affidavit, Locaylocay clarified that she did not issue a certificate to file action because she was not the hearing officer of the cases filed.
Locaylocay added she inhibited from participating in the hearing of the recovery of possessions case because of the complaint filed by the complainants against her before the Cebu Provincial Prosecutor’s Office.
Lambujon for her part denied the allegations saying that she was not the one who asked the complainants to pay for any barangay fee especially during case hearing.
She said that it was barangay treasurer Bernard Oftana who asked complainants for payment of summons and in fact issued an official receipt.
With the foregoing facts, Lasala ruled in favor of the respondents saying that the allegations of the complainants are “doubtful.â€
Aside from that, Lasala said there was no other evidence presented by the complainants to support their allegations that they were “asked to pay more.†(FREEMAN)