The Office of the Ombudsman has dismissed criminal and administrative cases filed against Mayor Marvin Malacon and nine other officials of EB Magalona for lack of probable cause and lack of substantial evidence.
Dismissed were complaints filed by former EB Magalona vice mayor Robert Fermin Acaling against them for violation of Republic Act 3019 for illegal use of public funds or property and Republic Act 6713 for dishonesty, grave abuse of authority and grave misconduct.
Malacon, at a press conference on Monday, July 29, said they were happy to announce that they have been granted justice after all the false charges hurled against them.
On Oct, 26, 2018 Acaling filed an affidavit of desistance “claiming that after evaluating the facts and evidence in his possession he is no longer interested in pursuing the string of cases he filed against the respondents”, the Ombudsman said.
However, the Ombudsman’s joint resolution of the cases Acaling filed was only released this year.
Malacon and his co-respondents on Monday said they are studying the filing of a case against those who pursued the complaints against them for the anguish they caused and for besmirching their reputations.
The cases were filed against them before the elections to damage their reputations, they pointed out.
The Ombudsman in its joint resolution dismissed the criminal and administrative complaints against Malacon, EB Magalona municipal treasurer Riza Gumban Diaz, former municipal budget officer Jessilyn Castillo Plaza, and Sangguniang Bayan members Joey Hechanova Pugales, Reylan Villarias Gamboa St., Isidro Sellada Gomed Jr., Eric Dequina Matulac, Gelita Singuay Parcon and Jovie Marcial Madayag, and punong barangay Leah Beri of Barangay Tanza.
Acaling accused them of conspiring to endorse a resolution granting the municipal mayor the authority to sign a memorandum of agreement without adequate deliberation or discussions.
Subsequently, the respondents disbursed public funds, in the form of financial assistance, to 23 barangays, including Barangay Tanza, without the existence of any appropriations ordinance, Acaling’s complaints said.
The resolution granted Malacon authority to distribute P300,000 financial assistance from the E.B. Magalona municipal government to each of its 23 barangays for flood control, reforestation and road rehabilitation/development projects.
The Ombudsman’s joint resolution said “the evidence does not suggest that the respondents acted with manifest partiality, evident bad faith, or gross inexcusable negligence when endorsing SB Resolution No. 2018-57, which conferred the municipal mayor with the authority to sign a MOA with the 23 barangays.”
Acaling’s absence from the special session even if justified, will not invalidate or impact the regularity of its having been held, the Ombudsman said.
“It is evident that the resolution to grant the municipal mayor the authority to sign the MOA and disburse financial assistance underwent thorough deliberation, unequivocally indicating that the selection of beneficiaries for financial assistance was not arbitrary or intended to favor a select few individuals,” the Ombudsman’s resolution said.
”The minutes of the special session reveal a deliberate and comprehensive process focused on assessing the merits of each barangay’s proposed project”, it added.
A total of 31 cases had been filed been filed against Malacon, with 29 against Madayag, and 28 each against Pugales, Gamboa, Gomed, Matulac and Parcon.
Raps were also filed against 20 barangay captains of the town in connection with their receipt of the funds granted during the special session for various projects.
Malacon said all the cases have been dismissed because they served the people of EBMagalona with a clean conscience.
They have been issued certifications that they no longer have criminal and administrative cases pending before the Office of the Ombudsman.*