The Supreme Court has cleared former Cavite governor Erineo "Ayong" Maliksi of graft charges over alleged anomalies in the relocation of informal settlers affected by the LRT-1 South Extension Project.
Finding grave abuse of discretion on the part of the Office of the Ombudsman, the Court's First Division reversed and set aside Maliksi's indictment by the anti-graft office in 2017.
The justices said that the Ombudsman failed to demonstrate the presence of evident bad faith, gross inexcusable negligence, or manifest partiality in three payments relating to the purchase of 20 hectares of land for the development of a relocation site.
In 2009, the Cavite provincial government bought 14 parcels of land in General Trias for P125.48 million, net of taxes, fees, expenses, broker's commission, tenants' disturbance compensation and damages.
Eight years later, the Ombudsman found that Maliksi and former provincial accountant Doris Ensomo approved the payment of P12.1 million in tenants' disturbance compensation without required documentation.
Prosecutors also charged the two for allegedly paying P4.9 million in broker's commission to their co-accused, Cynthia Montesclaros, an unregistered broker; and allowed the province to shoulder P9.4 million in capital gains and documentary stamp taxes stemming from the Deed of Absolute Sale when the law says these taxes should be borne by the vendor or landowner.
These additional payments, amounting to P26.49 million, were disallowed by the Commission on Audit in 2011.
However, the SC ruled that the Ombudsman "did not cite the specific law, regulation, or ordinance" that prohibits a provincial government from paying tenants' disturbance compensation and lists the required documents for such an expenditure.
"Without the applicable legal basis, the petitioners' approval of the payment of tenants' disturbance compensation alone is insufficient to engender a reasonable belief that the petitioners have violated Section 3(e) of Republic Act No. 3019," the high court said.
The justices also decided that the Ombudsman's finding of probable cause lacks facts that demonstrate "clear basis" on the part of Maliksi and Ensomo to favor Montesclaros.
Finally, the Court held that the Ombudsman's charge that the Maliksi and Ensomo ignored the Tax Code by allowing the provincial government to shoulder the capital gains and documentary stamp taxes is "unfounded." — RSJ, GMA News
https://www.gmanetwork.com/news/news/nation/677074/supreme-court-clears-ex-cavite-gov-maliksi-in-lrt-extension-case/story/
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