Lawyer asks fiscal to drop gov’s complaint against her

Lawyer Gloria Estenzo-ramos says the complaint for malicious persecution filed against her by Gov. Gwen Garcia is meant to intimidate her, after she filed a case against the governor

AN ecology lawyer filed a counter-affidavit seeking the dismissal of the criminal complaint filed against her by Cebu Gov. Gwendolyn Garcia.

Lawyer Gloria EstenzoRamos, Philippine Earth Justice Center Inc. (PEJC) co-founder, said Garcia’s allegation of malicious persecution is a form of harassment.

Malicious persecution is a violation under Republic Act 6770 or the Ombudsman Act of 1989.

In her affidavit filed at the Cebu City Prosecutor’s office last Thursday, Ramos noted the timing of Garcia’s complaint, which she said came after she and some Cordova fishermen filed a complaint against Garcia and other government officials questioning the propriety of pursuing the Cordova Reclamation Project (CRP).

They filed the complaint before the Office of the Ombudsman-visayas.

“After the filing of aforesaid case related to the Cordova Reclamation Project at the Ombudsman, complainant Garcia immediately came out with the public announcement that she would file the instant case against me,” said Ramos.

Intimidation

“This action is thus obviously instituted by her to harass, vex and intimidate me for filing and from pursuing the latest complaint,” she added.

In legal parlance, Ramos said, Garcia’s complaint is a Strategic Legal Action Against Public Participation, or SLAPP suit, which is defined under environmental laws, including the Ecological Solid Waste Management Act of 2000 and the Rules of Procedure for Environmental Cases.

Garcia filed a complaint against Ramos for malicious persecution.

She alleged that Ramos made false allegations by saying PEJC did not get a written response from the Capitol in relation to their request for documents and information on Capitol’s deal with the Korean Electric Power Corp. (Kepco) on the use of the Balili property in Naga as coal ash dumpsite.

The governor had claimed that Ramos was aware that Capitol invited PEJC to pick up the documents the group had requested.

She cited a Sun.star Cebu article in 2009, which reported that Ra- mos welcomed the Capitol’s invitation.

Hearsay

In Ramos’ affidavit, she said compliance with the provisions of RA 9485 cannot be done through a media announcement.

“In legal parlance, what complainant Garcia allegedly announced through the media as to the availability of the requested documents was purely hearsay and could not in any way bind herein respondent,” said Ramos.

On the charge of malicious persecution, Ramos said it requires the elements of malice or gross bad faith.

Ramos argued that the people have the constitutionally guaranteed right to demand accountability from public officials.

So, a complaint filed against the local chief executive of Cebu Province, cannot constitute an act of malice or bad faith, she said.