THE Office of Ombudsman in the Visayas dismissed the administrative charges filed against four prosecutors accused of delaying the filing of a case in court.
The anti-graft office found no substantial evidence against Cebu City Prosecutor Nicolas Sellon, Regional State Prosecutor Fernando Gubalane, and Assistant City Prosecutors Liceria Lofranco-Rabillas and Jennelyn Forrosuelo.
“In the case at bar, the complainant did not only fail to present proof as to how the delay in filing of the Information caused him injury but also failed in presenting what was the nature of the resulting injury allegedly inflicted on him,” said graft investigation and prosecution officer Mona Chica Cabanes-Gillamac.
In 2004, Leonardo Flores filed a complaint for estafa before the Cebu City Prosecutors’ Office against a man who allegedly duped him.
The case was dismissed by Rabillas for lack of probable cause.
However, the Department of Justice (DOJ) overturned Rabillas’ ruling and ordered the prosecutor to file a case in court.
However, Flores said Sellon and Rabillas failed to comply with the order within 10 days from receipt of the directive.
Although a case was eventually filed in court, Flores said the two prosecutors along with Gubalane and Forrosuelo allegedly went to the court to demand the withdrawal of the information.
Also, Flores believed that all the respondents intentionally delayed the filing of charges in court in favor of his adversary.
He said he was deprived of his right to “speedily acquire justice and to recover his financial losses” in the amount of P21 million.
The anti-graft office, however, said Flores’ allegations are not supported by evidence./REPORTER ADOR VINCENT S. MAYOL