Environmentalist faces case
In counter-affidavit, lawyer Gloria Ramos says case against officials was filed in ‘good faith’
Gov. Garcia says environmentalist-lawyer Gloria Estenzo-Ramos still filed case against them despite invitation for latter to pick up documents she had requested Prosecutor Carillo says Ramos still filed case on Aug. 17 even if requested documents were available on Aug. 12
ENVIRONMENTAL lawyer Gloria Estenzo-Ramos is facing a criminal case for allegedly filing unwarranted complaint against Cebu Gov. Gwendolyn Garcia before the Office of the Ombudsman Visayas.
Cebu City Assistant Prosecutor Rodulph Joseph Val Carillo found evidence to indict Ramos for violation of Sec. 35 of Republic Act 6770, or the Ombudsman Act of 1989.
“There is probable cause that respondent knowingly filed an unwarranted complaint against a public official,” Carillo said in his three-page resolution.
Those who found guilty of malicious prosecution case may be sentenced from one month and one day to six months in jail and a fine of not more than P5,000.
The case stemmed from the complaint that Garcia filed against Ramos on March 14, 2012 for allegedly violating the Ombudsman Act of 1989.
In her complaint-affidavit, Garcia said Ramos, co-founder of the Philippine Earth Justice Center Inc., committed malicious prosecution for accusing her and other Capitol officials of failing to provide the documents she requested.
The documents pertain to the memorandum of agreement which Capitol signed with the Korean Electric Power Corp. (Kepco) for the use of the former Balili property in Naga as coal ash dumpsite.
Accusation
PEJC had accused Capitol officials of violating the Anti Red Tape Act and the Code of Conduct and Ethical Standards for Public Officials and Employees for allegedly failing to furnish them the docu- ments they requested.
The Office of the Overall Deputy Ombudsman later dismissed the administrative charges against Garcia and other Capitol officials for lack of merit.
Garcia said Ramos made false allegations by saying PEJC did not get a written response from the Capitol in relation to their request.
The governor said Ramos knew Capitol invited PEJC to pick up the documents the group had requested.
She attached in her complaint a Sun. Star Cebu article in 2009 that reported that Ramos welcomed the Province’s invitation.
But instead of picking up the docu- ments, Garcia said, Ramos and fellow environmental lawyer Benjamin Cabrido filed graft charges against Capitol officials.
“The foregoing shows clearly and indubitably that Gloria Estenzo Ramos, actuated purely by malice and/or gross bad faith, filed a completely unwarranted or false complaint against me,” Garcia said in the complaint.
In good faith
Ramos, in her counter-affidavit, said she filed the complaint “in good faith” and that hurled Garcia and other Capitol officials to the anti-graft body since the five-day period provided under Republic Act 9485 (Anti-Red Tape Act of 2007) was not complied with.
In the resolution, Prosecutor Carillo pointed out that Capitol informed Ramos the documents she requested were available on Aug. 12, 2009, but she still filed the case in the ombudsman on Aug. 17, 2009.