CEBU, Philippines - The Regional Trial Court has denied the motion filed the Office of the Ombudsman Visayas seeking to place Kamputhaw Barangay Captain Lorenzo Basamot under suspension pending the resolution of the criminal case for falsification of official and public documents against him.
RTC Judge Estela Alma Singco found no sufficient legal basis to suspend Basamot saying that the anti-graft office itself did not alleged deceit or fraud on the part of the accused that has caused damage to the government.
The anti-graft body moved for the suspension of Basamot from holding public office claiming that it has sufficient evidence to prove the elements of the falsification case it has filed against the latter.
The Ombudsman cited Section 13 of the Anti-Graft and Corrupt Practices Act where suspension of public official charged is justified.
But Singco said the Ombudsman did not allege in its findings that there was deceit or fraud committed by Basamot that has damaged the government.
On the contrary, the anti-graft office allegedly said in its findings that, “considering that official functions of the barangay captain are by their very nature for public purpose, the respondent cannot be held liable for malversation.”
A resident of Kamputhaw earlier filed a case against Basamot for allegedly withdrawing gasoline for his private vehicle but made it appear that it was withdrawn for a government vehicle. (FREEMAN)