CEBU, Philippines - The Office of the Ombudsman-Visayas has cleared a security official of the Capitol from the criminal and administrative complaints for lack of evidence.
Graft investigator Michael Mernado Jr. found no evidence to hold Loy Anthony Madrigal guilty of the complaints for graft and corruption and oppression.
The anti-graft office ruled that the respondent was only exercising his authority in the performance of his job.
“It is undisputed that respondent is a public officer. However, there was no proof presented on how respondents caused any undue injury to any party including the government,” the resolution reads.
According to Mernado, the respondent did not single out the complainant’s truck as he and his team also apprehended two other trucks waiting to be loaded with sand in Toledo City.
The complainant, Salipada Cerna, protested the apprehension of his truck.
Cerna said that Madrigal and his team apprehended his truck on October 3, 2013 at around 12:30 a.m. while it was parked at a quarry area in Barangay Magdugo, Toledo City.
The driver, Wenceslao Algabe, and his truck boy Ismael Bariga were waiting for instructions where to buy and load sand.
Madrigal said that his team went to Toledo City to verify reports of illegal extraction and hauling of sand and gravel during midnight.
Upon reaching the area, Madrigal said they chanced upon a backhoe loading sand and gravel on a dump truck while there were two others waiting in line to be loaded, one of which was owned by the complainant.
Madrigal said upon seeing them, Algabre and Bariga allegedly scampered into the dark and abandoned the truck while the backhoe operator and drivers and truck boys of the two other trucks remained.
He said the drivers of the two dump trucks were both issued temporary seizure receipt for the impounding of their trucks and both paid the fines for hauling sand without permit.
According to Madrigal, since the driver and the truck boy of Cerna left the vehicle, his team brought with him the plate number and the copy of the certificate of registration and the official receipt. A temporary seizure receipt was also issued but was left inside the truck since no one was around to receive it. — (FREEMAN)