3 NBI agents cleared of malicious prosecution

CEBU, Philippines - The Talisay City Prosecutor’s Office cleared three National Bureau of Investigation (NBI) agents and five private respondents from charges for malicious prosecution.

Prosecutor Jenelyn Forrosuelo dismissed the complaint filed against NBI agents Arnel Pura, Xerxes Baladia and Dr. Rene Cam and private respondents Joan Uy, Pamela Tallo, Merly Golosino, Juniver Berdin and lawyer Mundlyn Martin for insufficient of evidence.

In his complaint, Robert Yee said on November 17, 2009 a complaint for rape was filed against him before the Talisay City Prosecutor’s Office upon the command of respondents Pura, Cam, Baladia, Tallo, Uy, Golosino, and Berdin in an attempt to extort money from him.

Yee said the complaint was dismissed.

In the counter-affidavit filed by respondents Pura, Cam and Baladia, they admitted they personally knew Yee being a former confidential agent of NBI.

They said Yee and Mary Rose Tan, who filed a criminal case for rape against Yee, were closely acquainted with one another.

They added it was Yee who shouldered the expenses for the education of Tan.

Pura, Cam and Baladia denied taking part in the filing of complaint claiming it was Tan who participated in the preparation of her sworn statements with the Children’s Legal Bureau (CLB).

They added that Tan went to the Office of now Vice Governor Agnes Magpale and had herself examined at the Vicente Sotto Memorial Medical Center.

Tan filed a rape case against Yee claiming she had sexual intercourse with Yee starting at the age of 16. But the complaint was dismissed.

Tan filed a motion for inhibition and reconsideration but it was likewise denied. Lawyer Joan Saniel of CLB filed a petition for review before the Department of Justice.

But the said petition was withdrawn through a motion to withdraw and dismiss petition for review by Saniel. The respondents claimed “Yee offered monetary consideration to Tan to prevent her from filing the complaint and communicated to her sister on how the financial assistance be given.”

Respondent Martin denied being the one who filed a complaint for rape against Yee.

Prosecutor Forrosuelo found no evidence to indict them for malicious prosecution, saying there was a reason to doubt the statements of Rose and Grace Tan.

“The receipt of any form of economic benefit and any other favor coming from Yee transformed her to a partial and bias witness since she has something to gain or lose depending upon statement,” she ruled. – (FREEMAN)