CEBU, Philippines - The Office of the Ombudsman Visayas has dismissed the administrative complaint for grave misconduct against four government prosecutors including the Regional State Prosecutor and the Cebu City chief prosecutor for lack of legal basis.
The anti-graft office cleared regional chief prosecutor Fernando Gubalane, city prosecutor Nicolas Sellon, assistant city prosecutor Liceria Rabillas and Talisay City assistant prosecutor Jennilyn Forrosuelo from the complaint filed by Leonardo Flores.
The case stemmed from their alleged delay in the filing of the criminal case in court for estafa against Eugene Lim, whom Flores accused of swindling P21 million from him.
Flores charged Lim of 10 counts of estafa in 2006 but the complaint was dismissed upon the recommendation of Rabillas. Flores filed a petition for review before the Department of Justice which reversed the city prosecutors’ dismissal of the case.
The DOJ ordered the city prosecutor’s office on June 2006 to file the information of the case against Lim before the court. However, the four prosecutors allegedly connived with each other to delay the filing of the case.
It was only after 44 days since the DOJ ruling was released that the prosecutors filed the information against Lim in court.
Flores claimed that the delay has caused damage and prejudice to him, thus, an administrative complaint for grave misconduct in violation of the Section 3(e) of the Republic Act 3019 otherwise known as the Anti-Graft and Corrupt Practices Act was filed against the four prosecutors.
But, graft investi-gator Mona Chica Gillamac found no sufficient evidence to support the complaint.
Gillamac said the complainant failed to present any proof as to how the delay in the filing of information caused him injury and likewise failed to present the nature of injury allegedly inflicted to him. – (FREEMAN)