The dismissal of the P6.9 million graft cases against him after a six-year legal battle is the best birthday gift, EB Magalona Mayor Marvin Malacon who turns 51 on August 6, said.
“Best birthday gift ever. I wish no more on my birthday. The Ombudsman’s decision, exonerating me and my 18 co-accused from trumped-up charges is beyond enough to thank God and to celebrate,” Malacon said in a press release Wednesday, July 31.
He said six years of battling false accusations fueled by plain innuendo was tiresome.
“But I never gave up. Not just for myself, but for my family and co-accused’s sake,” Malacon stressed.
“The Ombudsman’s decision is like a beacon from afar that will guide Saraviahanons to what is really true. They accused us. They tainted our names, integrity and credibility, yet, they failed to smash us. Truth prevailed and we triumphed over politically-motivated harassment,” he added.
Malacon was cleared of 31 counts of graft charges.
His co-accused who were also cleared by the anti-graft agency included Vice Mayor Eric Matulac and five councilors Reylan Gamboa, Joey Pugales, Isidro Gomed, Gelita Parcon and Jovie Madayag.
Department heads -Riza Diaz (municipal treasurer), Jessilyn Plaza (ex-municipal budget officer) and Debbie Ann Monte (ex-executive assistant-now-budget officer) were also implicated.
Other respondents included nine village chiefs – Leah Beri (Tanza), Rio Jemilla (Consing) Sharen Patoc-Belen (Pasil), Larry Jayona (Gahit), Ronnie Loro (San Isidro), Merian Porras (Canlusong), Ronaldo Olano (Cudangdang), Ma. Fe Monarca (Damgo) and the late Allan Matapaja (Alicante).
Jayona, Loro, Porras, Olano and Monarca are already ex-captains.
Former vice mayor Robert “Rob” Acaling acted as complainant.
He accused Mayor Malacon, et . al of violating Section 3 of Republic Act (RA) 3019 (illegal use of public funds and properties) and RA 6713 (dishonesty, grave abuse of authority and grave misconduct).
Charges stemmed from the P6.9 million fund aid given to 23 EB Magalono barangays at P300,000 each in April 2018, a month before the May 14 Barangay and Sangguniang Kabataan Elections.
The fund was used for the barangay road rehabilitation, flood control and reforestation, the press release said.
On April 18, 2024, Ombudsman Samuel Martires ordered the dismissal of the charges for lack of probable cause and lack of substantial evidence.
Malacon said, “God knows. We never did any hanky-panky.”
“I wish that the Ombudsman’s decision will enlighten all Saraviahanons that we never erred in spending government’s money. Every single centavo from our town’s coffers is well-accounted for and, we never engaged in any act constituting graft and corruption,” the mayor said.
“Elevating EB Magalona’s status from second to first class municipality in terms of income is also a legacy i’ll be leaving for my Kasimanwas,” the mayor added.
Malacon is set to conclude his three terms as mayor of EB Magalona in June next year.*