Ex-PASG exec, 2 others cleared of extorion

MANILA, Philippines - The Office of the Ombudsman ordered the reinstatement of a former official and two operatives of the defunct Presidential Anti-Smuggling Group (PASG) to the Philippine National Police (PNP) after the anti-graft body earlier ordered their dismissal for extortion.

The Office of the Ombudsman modified its decision last January finding former PASG director for administration and finance Jeffrey Patawaran, Superintendent Segundo Adaliga and Police Officer 2 Melvin Nuyles guilty of grave misconduct.

In a seven-page Aug. 22 order furnished to reporters in Manila in a press conference yesterday, the anti-graft body instead found the three guilty of conduct prejudicial to the best interest of service and imposed a penalty of suspension without pay for nine months.

Reversing its earlier ruling, the Ombudsman said there was no substantial evidence presented by complainant Nicanor Caparida, owner of the RACAL warehouse in Valenzuela, who accused the former PASG official and his men of extorting P3 million and P50,000 from his company in separate anti-smuggling operations in 2009 and 2010.

“Complainant failed to prove with substantial evidence that respondents were motivated by corruption of willful intent to violate the law since he failed to prove that the money was received by its intended recipient,” read the ruling signed by graft investigator Rebecca Guillen-Ubana. 

The resolution was approved by Criminal Investigation, Prosecution and Administrative Adjudication Bureau director Dennis Garcia and Deputy Ombudsman Orlando Casimiro.

In his complaint, Caparida claimed the PASG men raided his warehouse in January 2009 and April 2010 for alleged smuggling of kitchen wares and tiles and demanded money.

The Office of the Ombudsman stated that the witnesses presented by the complainant were only privy to the preparation of the alleged extorted money and there was no proof that the cash reached the respondents. It also pointed out that the witnesses were all employees of the complainant so their credibility is questionable.

“If the penalty of suspension can no longer be served by reason of resignation or retirement, the … fine equivalent to respondents’ salary for nine months shall be imposed, and shall be deducted from their retirement or separation benefits,” it said.

In the same ruling, the Ombudsman also denied the appeal of Caparida on its earlier ruling clearing six other PASG men – PO3 Roberto Defeliz, PO3 Celedonio Caunceran Jr., PO3 Florante Azur, PO2 Armando Abuga, PO2 Ross Botin and PO2 Don De Leon – in the case.

Copies of the ruling were furnished to the Department of Interior and Local Government and the PNP.