Admin, criminal raps against Margot junked

CEBU, Philippines — The Office of the Ombudsman-Visayas has dismissed the criminal and administrative charges against Cebu City Councilor Margarita “Margot” Osmeña for lack of probable cause.

The anti-graft body found no sufficient evidence to hold Osmeña for trial for alleged violations of Section 35 of Republic Act 6770 or the Malicious Prosecution under the Ombudsman Act of 1989, RA 6713 or Code of Conduct and Ethical Standards for Public Officials and Employees, RA 9485 or Anti-Red Tape Act of 2007, and Executive Order 292 or Administrative Code of 1987.

Osmeña was also accused of malicious prosecution, oppression, grave misconduct, and conduct prejudicial to the best interest of justice.

“For the lack of probable cause and substantial evidence, respectively, the complaint for…against Margarita Osmeña is dismissed,” read the decision.

The complaints filed by 40 former and incumbent village chiefs on November 9, 2017 stemmed from Osmeña’s “malicious” complaint against them.

The complainants are Ana Tabal, Rosalita Callino, Manny Pepito, Joel Sable Sr., Nerissa Antolihao, Maria Velasquez, Norman Navarro, Ma. Yvonne Feliciano, Joel Garganera, Zenaida Colina, Ramil Ayuman, Reynald Lauron, Jerson Cadampog, Phillip Zafra and Jovito Taborada Jr.

Others are Ronald Labitad, Altea Lim, Yolandito Cagang, Lutherlee Soon, Raquel Avia, Orlan Herrera, Fritz Gerald Herrera, Lorna Damalerio, Rogelio Resurreccion, Lemar Alcover, Carl Stephen Belarmino, and Manuel Gimeno.

Moreover, Alejandro Borres, Felicisimo Rupinta, Winefredo Macario, Rodulfo Tabasa, Dante Tabucal, Jerome Lim, Noli Ann Alcover, Eliodoro Sanchez, Eduardo Lauron, Trofonio Lequigan Jr., Antonio Caruzca, Ramon Ylaya and Alan Masecampo.

Osmeña sued the village chiefs over their refusal to return the city-owned vehicles issued to them during the administration of former mayor Michael Rama.

Osmeña accused them of carnapping, malversation of public property, and violation of the Anti-Graft and Corrupt Practices Act.

The 40 executives claimed that the criminal and administrative charges filed by Osmeña against them were meant to “vex, embarrass, harass, and humiliate” them.

The anti-graft body said the complainants failed to establish the elements of grave misconduct, oppression or grave abuse of authority and others.

 “There is nothing mischievous about respondent’s recourse to file a case. It would have been malicious, had respondent concocted false facts in support for her case, but respondent did not stoop to that level,” the decision further read.

City Legal Attorney Francis Ocampo said the Ombudsman’s decision came as no surprise.

 “Remember that the cases were filed against all barangay captains who failed to return the vehicles without regard to their political affiliation. There was definitely no malice in the filing of the cases. It was her (Osmeña) duty as Acting Mayor to see to it that the lawful orders/directives are complied with,” Ocampo said.

The FREEMAN tried to get the side of the complainants, but to no avail. — KBQ (FREEMAN)