Sue Margot? Tough but go ahead

It’s hard to prove malicious prosecution. But if Margot charged 47 Cebu City barangay captains to teach them a lesson, they must have some lesson to teach back, too

The 47 barangay captains whom then acting Mayor Margarita Osmeña sued last June 3, 2016 were fuming mad at the time. They were charged before the ombudsman with a truckload of complaints and all of them turned out be legally baseless and without merit.

Carnappers, etc.

Imagine what evil the crimes the barangay leaders were accused by Madame Margot of having committed: carnapping, malversation of public property, corruption, unethical conduct, grave abuse of authority, grave misconduct and insubordination. All seven crimes for a single act of omission: failure to surrender on time the City Hall-owned vehicles assigned to their barangays.

Decidedly and clearly overblown. A hyperbole of a lawsuit, an overkill.

The barangay captains didn’t claim private and personal ownership. They were using the vehicles for their constituents. And they rightly suspected that Margot was waging a vendetta against barangay politicians who supported Mike Rama (who lost and, on top of that misery, was suspended by the president and deprived of his few remaining weeks in office).

No injury

The ombudsman ruling of Aug. 9 (but publicized only last Oct. 4) said (1) there was no undue injury and damage on anyone and no person suffered damages and (2) the barangay captains remained committed” to serve the public.

In sum, the charges were crap, motivated more by political design than by the purported intent to “inventory” the vehicles.

A number of the barangay captains, still hop- ping mad, would like to sue now Councilor Margot for damages because of malicious prosecution. Councilor Philip Zafra, the ABC chief, would meet with lawyers this week. Councilor Joel Garganera, another Team Rama stalwart, said it was malicious prosecution and oppression. “Just a thought,” he added. A thought that may be worth chasing and pinning down.

Proving malice

It would be tough yet not impossible to prove malice: the mayor’s serial offensives against Team Rama since he assumed office, preceded by Margot’s preparatory sweep, are on record.

The problem may be the second major element: absence of probable cause. Acquittal of the barangay captains didn’t mean that Margot didn’t have reason to believe they were probably guilty for failure to return the vehicles. The probable cause to take the case to trial is not the same probable cause to file a complaint.

Confused? Not to bother. Even some lawyers take time to sort that out.

Lesson learned

So there it is. But if the slim chance of the barangay captains being suspended or jailed for keeping the vehicle didn’t deter Margot to sue, why should that stop the barangay captains to sue in return?

Besides, it seems lawsuits have become a second weapon of choice among politicians, not excluding those from the city’s rival parties.

Margot’s husband, Mayor Tomas, said he was just teaching them a lesson. The barangay captains, in suing Margot back, must have some lesson to teach in return.