Mariñas case vs Barili councilor dismissed

CEBU, Philippines - A councilor of Barili, Cebu and two others were cleared from attempted theft charges filed by Mayor Teresito Mariñas.

 The Office of the Cebu Provincial Prosecutor has dismissed the charges against Councilor Hector Celos; Edwin Orosco and Leo Estrada for lack of probable cause.

Assistant Provincial Prosecutor Marlon Atillo signed the resolution dated June 26, 2012 that was approved by Provincial Prosecutor Pepita Jane Petralba.

On February 15, 2011, Mariñas alleged that he received a call from municipal librarian, Florence Ngabngaben, telling him of the ongoing cutting of two trees at the back of the legislative building.

He asked Filomino Leson to verify the report who then found that the respondents allegedly participated in the cutting of trees in the area.

SPO4 Edward Villaester and SPO2 Romulo Flores responded to the report upon the call of Leyson.

However, when the police arrived in the area, no one was left except for the cut trees, prompting Leyson to have the incident recorded in the police blotter.

Mariñas stated in his complaint that he did not permit the cutting of trees nor did it have any permit from the Department of Environment and Natural Resources.

The respondents denied the allegations and asked for the dismissal of the complaint since the alleged illegal cutting of trees does not constitute theft.

Atillo found that the evidence being put by the complainant is insufficient to establish probable cause to indict the respondents for attempted theft.

“The statement of herein complainant that respondents had participated in the illegal cutting of trees does not find support with the statements made by his witnesses,” the resolution read.

Atillo said that Ngabngaben and Leyson did not mention in their respective affidavits the manner and degree of respondents’ participation in committing the crime. - THE FREEMAN