Cop faces graft raps for alleged partiality

 CEBU, Philippines - The Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices indicted a policeman assigned to the Minglanilla Police Station for anti-graft for allegedly giving unwarranted benefits to another party.

Graft investigator Maria Teresa Lee-Rafols found enough basis to elevate the case against PO2 Aberlardo Biton to the court.

His bail was set at P30,000.

In his complaint, stall vendor Malik Abato said on Aug. 5, 2011, a delivery van with license plate numbers UDW-481 hit his stall.  Abato’s wares were scattered all over and some taken by bystanders who did not return them or pay for them resulting in his financial loss.

Abato and the driver of the van Jumar Itang went to the Minglanilla Police Station where the van was taken into custody.  No settlement was reached during the first meeting and Itang no longer showed up for the second scheduled meeting.

On Aug. 17, 2011, Abato said while his lawyer was preparing for the complaint filed against Itang, he went to the police station to photocopy the driver’s license of Itang.

He said he was advised by the accused to come back on Aug. 23, 2011 but again failed to provide it when he came back on that date.

Abato also noticed that the delivery van was no longer parked outside the police station.  He made inquiries and found out that it had been released.

“It is the complainant’s belief that the driver’s license of Itang and the van were released by the respondent, despite the fact that he filed a criminal case against Itang before the Municipal Trial Court in Minglanilla,” the facts of the case read.

He filed a case for a violation of Presidential Decree 1829 or suppressing and concealing important documents or evidence and Section 3 (e) and of Republic Act 3019 or anti-graft and corrupt practices act against accused before the Military Ombudsman.

The accused denied the accusation in his counter-affidavit.  He said in the verbal agreement of the parties on Aug. 5, 2011 at their station they agreed to settle the matter for P35,000.  He added Chief Insp. Laurel Almirante can attest to his statement.

For the alleged violation of PD 1829, accused said he cannot be held liable for it because there was no evidence pointing him as the one responsible for the release of the delivery van.

To corroborate his testimony, the accused attached the affidavits of Itang and Walter Ibasitas, the warehouse in-charge of Molion Marketing where Itang worked.  The two testified that there was a settlement between Itang and Abato.

Upon evaluation of the case, Rafols said she found more weight to the evidence presented by the prosecution. She said there was no evidence presented that a settlement was reached between the complainant and Itang.

Moreover, she said the fact that the accused could not provide the driver’s license of Itang for a photocopy showed his partiality.

“His act of not giving it to the complainant showed his bias and his intention to protect the driver and the delivery van owner,” the resolution further read.   (FREEMAN)