Ombudsman clears Villar of falsification, laundering charges
NACIONALISTA Party standard-bearer Sen. Manuel “Manny” Villar has been exonerated of plunder, money laundering, racketeering and other criminal charges by the Office the Ombudsman from a case accusing him of issuance of spurious promissory notes and fake land titles.
It was the second time the Ombudsman ruled in favor of Villar and the coaccused in the case since the anti-graft body denied a motion of consideration filed by Prudencio Malanog, a member of the Tax Fraud Informer Network, an organization combating tax fraud and money laundering.
In a 10-page order, which was approved by
acting Ombudsman Orlando Casimiro, the anti-graft body junked for lack of probable cause the charges against Villar for violation of Republic Act (RA) 7080, or the Anti-Plunder Law and R.A. 3019, or the Anti-Graft and Corrupt Practices Act and for engaging in money laundering, large scale estafa, racketeering and illegal banking.
Also cleared of charges were his wife Rep. Cynthia Villar of Parañaque, former Bangko Sentral Ng Pilipinas (BSP) Governor Rafael Buenaventura and former BSP officials Alberto Reyes, Andres Rustia, Rene Carreon and Mel George Racela, former Securities and Exchange Commission Director Sonia Ballo, former Bulacan Register of Deeds Domingo Paguia and former Department of Environment and Natural Resources Regional Executive Director Regido de Leon.
From the recommendations and findings made by Graft Investigation and Prosecution Officer Lolita Micu Bravo, the Ombudsman said that the motion for reconsideration of Malanog must be denied with finality for lack of merit.
Rehashed accusations
It was pointed out that most of the accusations in the complaint filed by Manalog were rehashed and difficult to comprehend. On top of that, no new evidence was presented to convince the Ombudsman to reverse its earlier ruling.
“This motion for reconsideration, should not likewise be allowed to prosper. Most of the accusations in the said pleadings, which are very difficult to comprehend, are mere rehash of the complainant’s allegations in his Affidavit of Complaint. Furthermore, no new evidence was presented by the complainant to warrant a reversal of the [earlier] resolution [exonerating Villar et. al.],” the Ombudsman’s ruling stated.
The anti-graft body also stressed that “the complaint was dismissed after a thorough evaluation thereof as well as the pieces of evidence which were presented by the complainant. In reiteration, the documents presented by the complainant do not prove at all the participation of liability on the part of the respondents in the crimes charged.”
Malanog alleged in his complaint that Villar and his wife Cynthia committed plunder and economic sabotage against the BSP amounting to a total of P2.8 billion by issuing spurious promissory notes and deeds of assignment/mortgages in conspiracy with Buenaventura, Reyes and Ballo. The petitioner also alleged that Villar used fake land titles in cahoots with Paguia and de Leon.
The complaint also stated that the Villars and the BSP officials conducted illegal banking, racketeering, and money laundering through the Optimum Development Bank, in the amount of P9.5 billion.
However, Casimiro opined that the imputations of the complainant against the respondents have not been stated with clarity.
“The burden of proof, or ‘ onus probandi’, is the obligation imposed upon a party who alleges the existence of facts necessary for the prosecution of his action or defense to establish the same by the requisite quantum of evidence. In this wise, the complainant has failed,” the ruling stated.
The Ombudsman stressed that the documents attached by the complainant to his affidavit of complaint did not at all prove the participation or liability of the respondents.
“Allegation without proof is not evidence. Furthermore, the complainant failed to state with particularity the supposed documents or portions thereof which have been falsified by the respondents in order to perpetrate the other crimes charged” the Ombudsman added.