Admin plaint vs. assistant city prosecutor dropped

CEBU, Philippines - The Office of the Ombudsman-Visayas has dismissed the administrative complaint filed against Assistant City Prosecutor Oscar Capacio for lack of merit.

He was charged for allegedly soliciting money for notarial services from the late John Pope, the Canadian who shot himself after a shooting spree in the Palace of Justice earlier this year.

However, graft investigation and prosecution Officer Katherine Genovesa said upon evaluating the evidence presented by the complainant the complaint for dishonesty cannot be established.

“Considering that no evidence was presented, complainant’s case has no leg to stand on and must be dismissed for lack of merit. Wherefore, finding no substantial evidence to hold respondent administratively guilty of dishonesty, this case is dismissed,” the decision read.

In the complaint filed by Pope, he alleged that on Sept. 16, 2010 at about 2 p.m., he went to the Office of the Cebu City Prosecutor for the notarization of documents.

He said when he asked Capacio how much the notarial fee was, the latter replied “whatever it is worth to you.” He added he gave respondent P200 which the latter placed at the right front drawer of his desk. Pope said the respondent did not issue a receipt.

Thereafter, he said a certain “Grace”, a secretary to one of the prosecutors in the said office, told him that the respondent should not have charged him for the notarial services.

In his counter-affidavit, the respondent denied the allegation. He said he never asked for any payment from the complainant.

“Notarial fees are being imposed by the Office of the City Prosecutor for quite a time already in accordance with Department of Justice Circular that payments are done with the cashier at the Prosecutor’s Office,” he said.

Capacio said after notarizing the documents of the complainant, he got a phone call from his daughter.

“That during the call, complainant asked how much the notarial fee was; that respondent gestured to the complainant by waving his right hand trying to tell the latter that it was not necessary; that respondent then stood up and turned to his left side to have a concentrated conversation with his daughter; that after the call ended, respondent noticed P200 on his table,” he narrated.

He added when he asked Efren Quijano, his client who was present at the Prosecutor’s Office at the time of the incident, who left the P200 in his table, the latter answered it was the complainant. He said he asked Quijano to call the complainant back to ask him about the money and to return it but the latter was “nowhere to be found.”

In her six-page decision, Genovesa found respondent not guilty of the crime charged. She said the joint affidavit executed by Quijano and Aurelia Dabatos and Myrna Gealon, an employee of the Prosecutor’s Office, support the claim of the respondent.

“Be it stressed that dishonesty is a form of conduct which connotes untrustworthiness and lack of integrity. It’s a disposition to lie, cheat, deceive and betray. This censurable conduct assumes greater meaning when the offender is a public officer who is circumscribed with a heavy burden of responsibility to the public,” the decision read.

She said based on the complaint filed by Pope, there was no evidence to support his allegation that respondent committed dishonesty.

“Bare and unsubstantiated allegations do not constitute substantial evidence and have no probative value. Complainant’s bare allegation is far from sufficient proof for this Office to rule in his favor. The unsubstantiated claims of complainant are considered self-serving and deserve scant consideration,” the decision further read.  (FREEMAN)