Ombud dismisses case against NBI agents

CEBU, Philippines - The Office of the Ombudsman-Visayas dismissed the criminal and administrative complaints filed against the agents of the National Bureau of Investigation (NBI)-7 and two private individuals for lack of evidence.

Graft investigation and prosecution officer Darius Sagadal found no evidence to hold respondents liable for violation of Republic Act 7438 and unlawful arrest, misconduct and abuse of authority. She said aside from the certificate of non-forum shopping, the complainant failed to submit other supporting evidence.

“It is basic in the rule of evidence that bare allegations, unsubstantiated evidence, are not equivalent to proof. This office cannot make a finding of probable cause based merely on the complainant’s allegation without any proof against the respondents,” the decision reads.

Named respondents were NBI special investigator Arnel Pura, medico-legal officer Dr. Rene Cam and two private individuals Xerxes Baladya and Maria Elizabeth Sato.

In his complaint, Samuel Latorre, a financier/lender at the Waterfront Airport Hotel and Casino, Mactan, Lapu-Lapu City, he alleged that Sato owed him P1.2 million.

He said he look for Sato after the latter evaded him. He found Sato’s residence and made an effort to collect the P1.2 million.

On April 7, 2011, Latorre said Sato invited him to her house in Pacific Villa 1, Lapu-Lapu City and there he received P100,000 as partial payment.

When he started to count the money placed in an envelope, Latorre said Pura together with Baladya suddenly appeared and arrested him for robbery and extortion.

After the arrest, the complainant said, when he was about to call his lawyer, Pura allegedly took his cellphone and told him not to seek assistance.

Meanwhile, before the office of the NBI-7, the complainant said Pura offered to release him and to drop the case against him if he would accept the P100,000 and to sign a document waiving Sato’s debt. He refused to do so.

“Latorre refused and instead asked that he be allowed to call his relatives but Pura ignored his request,” the complaint reads.

The following day, he said, Pura reiterated his offer and increased to P150,000 but he still refused. His refusal, he said prompted the filing of a case against him before the City Prosecutor’s Office.

In their counter-affidavit, respondents denied the allegation. They said the operation was legally done.

“The entrapment operation was conducted after Latorre allegedly threatened Sato and her family with physical harm,” the respondents said.

The agents claimed they never denied the complainant a chance to call his lawyer. As evidence, they submitted the summary resolution from the Office of the Special Prosecutor citing Latorre was represented by a certain Atty. Nelson Yap prior to his inquest.

Based on a certificate executed by Latorre, it’s stated that he was neither tortured nor harmed by the NBI personnel while he was under their custody.

After the parties were able to present their evidence, Sagadal ruled to dismiss the case. He said the complainant failed to present evidence to support his claimed.

The complaints against Baladya and Sato were dismissed for lack of jurisdiction.  (FREEMAN)