Ombudsman junks graft, administrative complaint vs De Lima, ex-Sulu vice gov

MANILA, Philippines — The Office of the Ombudsman has dismissed the criminal and administrative complaint filed by defeated vice gubernatorial candidate Temogen “Cocoy” Tulawie against Sen. Leila de Lima, former Sulu Vice Gov. Abdusakur Tan Sr. and three others in connection with the release of four suspected members of the terrorist Abu Sayyaf Group in 2013.

 

In a nine-page resolution released to the media Monday, the ombudsman said Tulawie and his fellow complainant Abner Tahil's allegations against the respondents were “devoid of evidence” and merely based on hearsay.

 

“In a nutshell, complainants' allegations are devoid of evidence. Without evidence, allegations are just empty words,” the resolution, approved by Ombudsman Conchita Carpio-Morales on December 13, 2017, read.

 

In their joint complaint filed before the Office of the Deputy Ombudsman for Mindanao on Nov. 18, 2016, Tulawie and Tahil charged De Lima, Tan, then National Commission on Muslim Filipinos Chairman Mehol Sadain, then NCMF Commissioner Edil Baddiri and private lawyer Wendell Sotto of violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and RA 10168 or the Terrorism Financing Prevention and Suppression Act.

 

Tulawie and Tahil also charged De Lima, Tan, Sadain and Baddiri of administrative offenses of grave misconduct, dishonesty, neglect of duty and conduct prejudicial to the best interest of the service.

 

The two alleged that Tan promised suspected ASG terrorists Mohammad Sali Said, Jul Ahmad Ahadi, Robin Sahiyal and Mujibar “Bong” Amon that they would be freed from detention at Camp Bagong Diwa in Taguig if they would testify against the complainants.

 

Tulawie and Tahil were at that time facing cases before the Manila Regional Trial Court Branch 19 in connection with the May 2009 bombing in Patikul, Sulu which was believed to be an assassination attempt against Tan. Tulawie and Tahil were detained from 2012 to 2013.

 

In his affidavit, Tahil said he was even approached by Said and Amon in 2012, saying that he too would be released from detention if he would testify against Tulawie.

 

Tulawie and Tahil claimed that De Lima, in conspiracy with Tan, placed Said under the Witness Protection Program despite fully knowing that the latter is a high-profile terrorist. The complainants said De Lima's action caused Said's release from detention while also granting him financial assistance, shelter and security.

 

The complainants said Tan and his lawyer Sotto also conspired with Sadain and Baddiri to insert the names of the four suspected ASG terrorists on the NCMF's list of Muslim Filipinos who are supposedly wrongly arrested due to supposed mistaken identity.

 

Tulawie and Tahil said the release of the four suspected ASG members was part of the respondents' “shadowy dealings” to pin them down in the frustrated murder case in connection with the 2009 Sulu bombing.

 

In its resolution, however, the ombudsman said there was no record or evidence showing that complainants met in flesh with any of the respondents.

 

“Complainants did not talk to or even overhear any of respondents... In plain words, complainants did not witness in person any of respondents talk, or make an offer to the alleged ASG members,” the ombudsman's ruling read.

 

“There is no truth, therefore, to complainants' allegation that Tahil personally witnessed how respondents entered into shadowy dealings with Abu Sayyaf Group,” it added.

 

Furthermore, the ombudsman said there is also no evidence showing that the respondents personally knew or were acquainted with each to inspire or motivate them to enter into conspiracy.

 

Lastly, the ombudsman said it found no evidence to establish complainants' allegation that Said, Ahadi, Sahiyal and Amon are ASG terrorists or that respondents knew them to be such.

 

Tulawie was defeated by Tan Sr.'s son and namesake in the May 2016 vice gubernatorial race.