Ombudsman dismisses Graft and Corruption Charges against Tabuk Vice-Mayor Dao-as

Tabuk City, Kalinga — The graft and corruption charge filed against Tabuk City Vice Mayor Bernard Glenn Dao-as in relation to the conversion of lot which he bought when he was serving as the barangay captain in Appas was dismissed by the Ombudsman.

A complaint for violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act; R.A. No. 8435 or the Agriculture and Fisheries Modernization Act of 1997; and violation of Section 73 of R.A. No. 6657 or the Comprehensive Agrarian Reform Law of 1988.

In a ruling, the Ombudsman cleared Dao-as of the said violation of the Anti-Graft and Corrupt Practices Act, stating, “there is no probable cause to indict respondent for violation of Section 3(e) of R.A. No. 3019. Foremost, the second element of the offense is not present.”

It was explained that the private transactions of Dao-as as the buyer of the portion of the property and his construction of a commercial building at the said area were ‘committed in his personal capacity and not in the discharge of his official functions’.

Deeds of conveyance and subdivision plan processing

The Ombudsman also wrote that the issues on the execution of 2 deeds of conveyance in favor of Dao-as and the processing of subdivision plan without the consent of co-owners are civil in nature and are outside the jurisdiction of the Ombudsman.

However, even assuming Dao-as’ acts involved the discharge of his functions, the said office stated there is no evidence to show he deprived the complainant or the co-owners of their ownership over the property.

Also, the office added there is no evidence that shows that the complainant or any of the co-owners were prevented from entering the rest of the portion of the property.

With this, the Office of the Ombudsman stressed ‘there is no sufficient evidence to establish any undue injury caused by the said deeds of conveyance’.

As for the processing of the subdivision plan, it was stated, ‘the action of the co-owners is civil in nature and shall not be delved into in the present complaint’. However, the Ombudsman added that Dao-as’ liability for submitting the subdivision plan without the prior consent of the co-owners is ‘administrative in nature’.

Construction of commercial building

As for the construction of the commercial building without the necessary permit and its use for the vice mayor’s business before the issuance of a certificate of occupancy, the Office of the Ombudsman wrote that it doesn’t give rise to criminal indictment.

However, the said office added that the respondent shall be dealt with administratively for continuing the construction despite a protest filed by the complainant and conducting business prior to issuance of the Certificate of Occupancy.

Conversion

Further, the Office of the Ombudsman stated there is no probable cause to indict Dao-as for violation of Section 73 of R.A. No. 6657 as there is no evidence to show that the premature conversion made by the vice mayor was with the intent to dispose of any tenant-farmer of the property.

Indictment

Meanwhile, while Dao-as was cleared for violations of Section 73 of R.A. NO. 6657 and Section 3 (e) of R.A. No. 3019, the Office of the Ombudsman found probable cause to indict him for violation of Section 11, in relation to Section 4, of R.A. No. 8435.

Dao-as turned over his seat to Acting Vice Mayor, Councilor Zorayda Wacnang this December 28, as to respect the law and the decision of the Ombudsman to suspend him. The vice mayor awaits the decision of the Motion for Reconsideration which he filed.

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