Ombud dismisses graft plaint vs. env't officials

CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed the complaint which they deem to have been prematurely filed by Gypsum Chemicals Incorporation (GCI) against some government employees and two private individuals.

 GCI represented by its president Aurelio Espinosa, who is currently the mayor of Toledo City, filed criminal and administrative complaints after private respondents Regino and Jocelyn Sanchez secured a land title which covered a lot said to be owned by GCI.

 Espinosa filed cases for violation of Republic Act 3019 or Anti-Graft and Corrupt Practices Act, Violation of the Public Land Act, Perjury and Falsification and administrative complaint for misconduct or negligence in the performance of official duties.

 In her 10-page consolidated evaluation report, graft investigator Luanne Ivy Cabatingan dismissed the complaints.

 “Out of regard for propriety and to obviate the possibility of issuing a contrary finding from that of the court where the civil case is pending, the present case must be dismissed for being premature, without prejudice to the re-filing of the same if proper, after the civil case pending in court has been finally decided and terminated,” evaluation report reads.

 Cabatingan said if they will continue their investigation, it would “run the risk and possibility of issuing a contrary finding from that of the court, tantamount to pre-empting.”

 Case records revealed that Espinosa filed a civil case against the respondents before the Regional Trial Court of Mandaue City for Quieting of Title and Declaration of Nullity of Documents.

 Named respondents were Richard Abella, officer of the Provincial Environment and Natural Resources (PENRO) of the Department of Environment and Natural Resources (DENR)-7; Moreno Tagra, officer of the Community Environment and Natural Resources (CENRO); Engelberto Rubia of Land Management Officer III; land investigator Betty Cabantug and private individuals Regino and Jocelyn Sanchez.

 In his affidavit-complaint, Espinosa said GCI was the registered owner of a parcel of land located in Barangay Catarman, Liloan, Cebu consisting of 31,202 square meters.

 He alleged that sometime in 2009, the private respondents “managed to intrude” into the property which the GCI owned.

 He added that representatives of the private respondents “threatened the company’s caretaker, attempted to trespass or encroach into the subject land, and also scared away potential buyers and investors.”

 When their legal counsel spoke with the private respondents, the latter said they owned a portion ofthe company’s land, had a tax declaration and said they were in the process of applying for a title.

 “Respondent Regino purportedly ignored the information given by Atty. Levy Fernandez that he could not obtain ownership over a portion of the lot absolutely owned and possessed by the company and also refused to give the latter a copy of his tax declaration and other evidence of his alleged ownership,” Espinosa said.

 He said they found out that private respondents had secured a title covering a portion of the subject lot consisting of 6,703 square meters out of the total 31,202 square meters upon the information given by the GCI’s caretaker. — (FREEMAN)