Admin raps vs. Suba officials dismissed

CEBU, Philippines - Citing the complainants’ failure to substantiate their claim, the Office of the Ombudsman-Visayas dismissed the administrative case filed against two barangay officials of Suba, Cebu City.

The complaint was filed by policemen against barangay captain Rogelio Resurreccion and councilman Joel Sable for allegedly refusing to affix their signatures on the physical inventory conducted after a buy-bust operation in their barangay.

But graft investigation and prosecution officer Marie Fe Frances Seville-Ang said respondents were able to negate the allegations filed against them.

“From the foregoing, it is apparent that respondents were able to refute the allegations in the complaint. There was no flagrant and culpable refusal or unwillingness of a person to perform a duty nor a transgression of some established and definite rule of action, unlawful behavior or gross negligence,” the decision reads.

Complaints for gross neglect of duty and grave misconduct were filed by the policemen namely: Police Senior Inspector Henrix Bancoleta, Police Inspector Armando Labora, SPO2 Rudino Amistad, SPO1 Romeo Cabras Jr., PO3 Ricardo Baclayon Jr., PO3 Roehl Patalinghug, PO2 Dale Efe, PO2 Stephen Taneo, PO2 Neil Ryan Talie, PO2 Gil Orozco II and PO1 Juluis Codilla against the respondent barangay officials.

The complainants alleged that on March 13, 2012 at about 11:00 p.m. they were conducting a buy-bust operation at 49-A, Magsaysay St., Barangay Suba in coordination with the Philippine Drug Enforcement Agency (PDEA)-7.

In the course of the operation, they were able to arrest Olivia Abing for allegedly conniving with her husband, Jonard, in selling one medium pack of shabu to a poseur-buyer. The police failed to arrest Jonard.

After the arrest, a physical inventory was conducted and Bancoleta, the team leader, then instructed Cabras and Talle to go to the Suba Barangay Hall and contact elected barangay officials to witness the physical inventory.

The complainants said Resurreccion allegedly refused their request then walked away. In the crime scene, Gahi said that while preparing the inventory form, he saw Sable in the area and requested him to witness and sign the inventory. Sable reportedly nodded.

“However, when the inventory was finished and respondent Sable was asked to affix his signature after comparing the contents of the entry to the pieces of evidence, he did not sign and immediately walked away,” the complaint read.

In their joint counter-affidavit, Resurreccion and Sable denied the allegations.

They said they could not act as witnesses nor sign the inventory form considering they have no knowledge of the operation conducted by the complainants.

Based on the foregoing evidence, Ang ruled in favor of the respondents.

“Perusing the records of the instant case, comparing the allegations of the parties, together with the documents presented, and taking into consideration the above-cited definitions of the offenses charged, credence is accorded to the version of respondents,” the decision read.

It added “a cursory reading of the provision (Section 21 of RA 9165) reveals that the barangay official is not compelled to be a witness, hence, they may refuse if they think they would not be a credible witness.”