Ombudsman clears NBI agent

CEBU, Philippines - For having no probable cause, the Office of the Ombudsman-Visayas dismissed the criminal and administrative complaints filed against special investigator Arnel Pura of the National Bureau of Investigation (NBI)-7.

Graft investigator Marie Fe Francis Seville-Ang found no evidence to indict Pura for the complaints filed by Robert Nicholas Granthom.

“It is apparent that respondent was able to refute the allegations in the complaint. There was no transgression of some established and definite rule of action, unlawful behavior or gross negligence. Hence, this office does not find that complainant was able to fully substantiate his claim that

respondent is guilty of the offenses charged,” she ruled.

Based on the evidence presented by the respondent, Ang concluded that the respondent performed his job regularly.

The complaints for criminal violation of Section 29 of the Republic Act 9165 or Comprehensive Dangerous Drugs Act, extortion, perjury, violation of RA 7438 or custodial investigation and violation of  the Anti-Graft and Corrupt Practices Act and for administrative-a grave misconduct.

In his complaint, Granthom said on September 21, 2010 the agents of the NBI led by the respondent applied for a search warrant against him before Judge Soliver Peras of Regional Trial Court Branch 10 attaching the certification from the Firearms, Explosives and Security Agencies/Guards Supervision Section (FESAGSS)-7 that he was not on the list of approved applications to possess firearms and ammunitions of any kind.

“The said court granted the application for search warrant allegedly on the basis of respondent’s perjurious and untruthful statement,” he said.

Granthom added he was arrested by the respondent on Sept. 22 without being informed of his constitutional rights.  He claimed that despite the license he had, the respondent filed a complaint against him for illegal possession of firearms before the Prosecutor’s Office.

On September 23, 2010, the said respondent approached him and told not to file the drugs case if he will give him P500,000 as settlement. Reportedly, the NBI seized three sachets of shabu during the implementation of the search warrant.

In his counter-affidavit, Pura denied the allegations filed against him.

He said the search warrant was properly implemented. He added that the implementation of the search warrant was witnessed by the media men and barangay officials. He likewise denied the extortion.

Moreover, Pura said Granthom was properly informed of his rights. As proof, he attached the affidavit of barangay captain of Cogon Central Ramos Omar Durano and other NBI agents.

In his resolution, Ang said based on the foregoing arguments, respondent was able to refute the allegation cited by the complainant.

She said Pura was able to refute the allegation of extortion, the failure to inform the constitutional rights of the complainant and the seizure of illegal drugs.

“From the abovementioned circumstances, reason dictates that we conclude that respondent did not commit the allegations charged. We can further conclude that the affidavits and certifications issued against complainant are more believable,” the resolution reads. — (FREEMAN)