BY ERWIN AMBO DELILAN
THE HUMBLE town of Enrique B. Magalona in Negros Occidental is in the limelight.
Seven municipal officials, three department heads and nine incumbent and former barangay captains were cleared by the Office of the Ombudsman from criminal and administrative charges filed against them six years ago.
After six years of sleepless nights, freedom from anxiety.
The accuser: former vice mayor Robert âRobâ Acaling.
The accused: Mayor Marvin Malacon, former councilor-now-Vice Mayor Eric Matulac, councilors Joey Pugales, Gelita Parcon, Jun Gomed, Jovie Madayag and Reylan Gamboa ; Municipal Treasurer Riza Diaz; former budget officer Jessilyn Plaza; and former executive assistant-now-budget officer Debbie Ann Monte.
Also included in the legal mess: incumbent barangay captains Leah Beri (Tanza), Shareen Belen (Pasil), Rio Jemilla (Consing) and Ronnie Loro (San Isidro), ex-captains Ma. Fe Monarca (Damgo), Reynaldo Olano (Cudangdang), Larry Jayona (Gahit), and Meriam Porras (Canlusong), and deceased captain Allan Matapaja (Alicante).
All of them were criminally charged with violation of Section 3 of Republic Act (RA) 3019, or illegal use of public funds or properties, and of administratively charged for alleged violation of RA 6713 (dishonesty, grave abuse of authority and grave misconduct).
The charges were filed before the Ombudsman-Visayas in July 2018.
The filing of the cases stemmed from the P300,000 given to each of the 23 barangays in town in April 2018.
Acaling suspected such fund aid was meant for the barangay election.
So, he contended that a Resolution authorizing Mayor Malacon to sign a memorandum of agreement with the barangay captains for such P300,000 fund aid or a total of P6.9 million was for political purposes to ensure the mayor’s bets for village chiefs shall win.
FLIP-FLOPPING
In the MOA, however, the P300,000 for each barangay shall be used and was used for the following:
* barangay road rehab
* barangay reforestation
* barangay flood control project
All were properly liquidated.
On October 26, 2018, records from the Ombudsman revealed, Acaling he filed an affidavit of desistance, contending that he was no longer interested in pursuing the cases, noting that he had unsubstantial evidences.
NO PROBABLE CAUSE, EVIDENCE
The Ombudsman, however, decided to continue the probe.
On April 18, 2024, Ombudsman Samuel Martires ordered the dismissal of the charges for two valid grounds â lack of probable cause and lack of substantial evidence.
The curtain falls. End of the âmovieâ.
Mayor Malacon, et al. got an immense triumph after six years or legal battle.
Quite long but satisfying that, after all those years, they finally tasted victory. Worth a wait.
AN EYE FOR AN EYE?
Now, the mayor said their camp is contemplating filing counter charges against Acaling and his witnesses â ex-barangay captains Arthur Paez (Poblacion Dos), Mariovic Santibañez (Latasan) and Edilberto Nallos (Alacaygan) and ex kagawads Romeo Quiñones and Romeo Abrenica (Consing).
But over and above all, Mayor Malacon thanked God for exonerating them. God knows, after all.
He also said they were victims of political harassment via false accusations.
FIRE ON WATER
I remembered then in one of my readings the quote from the world-renowned poet and philosopher Marcus Tullius Cicero â âAs fire when thrown into water is cooled down and put out, so also a false accusation when brought against a man of the purest and holiest character, boils over and is at once dissipated, and vanishes.â
Moral of the story: Never accused someone if you are unsure of your evidence(s) at hand.
The story – be it political or ordinary â in anyoneâs simple interpretation, still involves a personâs dignity.
African American editor Robert Maynard once enunciated: âHuman rights rest on human dignity. The dignity of man is an ideal worth fighting for and worth dying for.â
Mayor Malacon, at al., therefore, were legally and morally correct. They fought for their rights, and they were right!/PN
