By Jinky Lou Tabor
Virac, Catanduanes - The office of the ombudsman dismissed cases for violation of section 3 of the Republic Act 3019 otherwise known as Anti- Graft and Corruption Law and Grave misconduct and Gross neglect of duty filed against Catanduanes Governor Joseph C. Cua, Virac Mayor Samuel V. Laynes and Barangay Chairman Helario T. Sarmiento relative to the discovery of a mega shabu lab in the province.
In the seven (7) page Joint resolution, the Ombudsman dismissed the case for lack of merit. It said it found no probable cause to indict respondents for Violation of Section 3 of RA No. 3019. It said there was no evidence that Cua, Laynes, and Sarmiento acted with manifest partiality, evident bad faith, or gross inexcusable negligence as claimed by the complainant. "In fact, no evidence was presented showing that respondents had any knowledge or participation in the establishment and operation of the drug laboratory or any illegal drug activity in their respective areas of jurisdiction," stated the reso.
The complainant, Edralyn M. Pangilinan filed the cases on February 1, 2017, and asked for a preventive suspension for the trio pending the resolution of the complaint.
Pangilinan is the common law wife of slain publisher Larry S. Que. Before his death, Que implicated Cua in his newspaper article in the drug laboratory discovered by the Philippine National Police (PNP) in Barangay Palta Small in his town on November 26, 2016. Pangilinan said the trio caused undue injury to the government by gross inexcusable negligence for allowing the proliferation of dangerous drugs in Catanduanes thru the establishment and operation of a drug lab in town.
The respondents denied the charges and explained they have no knowledge or participation in the construction and operation of the shabu laboratory or any other illegal drug activities in the province.
Cua asserts that Que is not an investigative reporter but a financier in illegal number games who was his political adversary. He said he was not the governor when the warehouse (turned shabu lab) was constructed. When he was seated as the Governor assistance to the PNP to combat drugs in the province is strictly given with a half million reward to informants who will give additional information relevant to the shabu lab, he stressed.
Laynes also claims the same that he was not the town municipal mayor yet when the building was constructed and that he was not connected with the First Catanduanes Electric Cooperative (FICELCO) when the alleged illegal electrical connection was allowed for the said warehouse. Laynes was the former General Manager of FICELCOÂ but resigned months before the filing of candidacy in the 2016 polls. He also came to know about the existence of the building only after the PNP sought his assistance to verify of the warehouse was issued a building permit prior to the construction which he found out that there was none.
Sarmiento for his part said he cannot be faulted for failing to discover or detect the establishment of the because he and his council does not possess special training and knowledge in determining the existence, establishment, and operation of a drug laboratory.
Cua, Laynes, and Sarmiento filed their respective position papers reiterating the allegations while complainant failed to file her position paper despite notice.
The case for violation of section 3 of RA 3019 failed because "the law requires that undue injury should be specified, quantified and proven to the point of moral certainty," said the resolution.
Considering that there was no evidence that respondents violated any law or were remiss in the performance of their duties, the charges for Grave Misconduct and Gross Neglect of duty was also dismissed.