Court absolves ex-Tisa barangay captain from graft

CEBU, Philippines — The Regional Trial Court has cleared a former barangay captain of Tisa from the anti-graft case over his non-issuance of fencing permit in 2004.

RTC Branch 10 Judge Soliver Peras dismissed the case against Eduardo Cabulao after the prosecution failed to prove all the elements of the crime for violation of Section 3(f) of Republic Act 3019 or Anti-Graft and Corrupt Practices Act.

“The prosecution failed to prove all the elements of the crime charged. It is basic in criminal law that all the elements of the crime charged must be satisfied and established beyond reasonable doubt in order to warrant conviction of the accused,” Peras ruled.

Peras said the prosecution was only able to prove one element; the accused is a public officer.

The case stemmed from a complaint filed by Jose Villanueva in 2004. The Office of the Ombudsman-Visayas elevated the case to the court after finding probable cause against him.

Villanueva alleged that Cabulao refused to issue barangay clearance within a reasonable time for his application for fencing permit in Barangay Tisa without sufficient justification.

Cabulao claimed the non-issuance of barangay clearance and not granting the fencing permit application was within the bounds of the law. After Villanueva applied for barangay clearance and fencing permit, Cabulao said he immediately consulted geodetic engineer Leonora Lanawan.

Lanawan said the fencing permit application of Villanueva had encroached on the property owned by the heirs of Alberto Pacaña.

Cabulao said because Villanueva failed to prove his right of ownership over the lot he intended to fence, he did not grant the permit application.

Cabulao said Villanueva also failed to comply with the requirements for the issuance of fencing permit.

“The accused in making such decision acted with due diligence in the performance of his official functions, with all good faith and to the best of his knowledge and discretion,” the court said. (FREEMAN)