For malicious prosecution: Garcia files raps vs. eco-lawyer

CEBU, Philippines - Cebu Governor Gwendolyn Garcia filed yesterday a criminal complaint for malicious prosecution against an environmental lawyer who earlier accused her before the Office of the Ombudsman Visayas of not giving the documents they requested.

Garcia filed the complaint before the Cebu City Prosecutor’s Office against lawyer Gloria Estenzo-Ramos.

Ramos refused to comment on the complaint saying she is yet to read it.

The case stemmed from Ramos and Atty. Benjamin Cabrido’s criminal and administrative complaint against Garcia before the anti-graft office claiming that the governor did not give them public documents their group has requested.

According to Garcia, the complaint was malicious because Ramos knew of the invitation from the Capitol for them to pick up the documents they have asked for at the governor’s office.

Garcia attached in her complaint a newspaper article quoting Ramos as saying that she welcomed the Capitol’s invitation and would send her staff to pick up the documents at the Capitol.

 “Ramos said she welcomed the news and will ask a member of her staff to pick the documents up today because she is too busy to do it herself,” Garcia quoted the newspaper report published in August 2009.

The law defines malicious prosecution as “any person who, actuated by malice or gross bad faith, files a completely unwarranted or false complaint against any government official or employee shall be subject to a penalty of one month and one day to six months imprisonment and a fine not exceeding P5,000.”

Ramos and Cabrido earlier charged Garcia, late vice governor Gregorio Sanchez and the members of the provincial board for their alleged failure to provide them the documents they have requested pertaining to the controversial Balili property in the City of Naga.

Garcia said that her spokesperson and consultant Rory Jon Sepulveda announced during a press briefing that the documents and information requested by Ramos and Cabrido are available for pick up at the governor’s office.

“Instead, however, of making true to her word to pick up the prepared information and documents, Gloria Estenzo Ramos, joined by Benjamin Cabrido, with much media fanfare, filed the subject complaint before the Office of the Ombudsman-Visayas on August 17, 2009,” Garcia’s affidavit reads.

The complaint filed by Ramos and Cabrido was already dismissed by the anti-graft office for lack of merit.— (FREEMAN)