CRIMINAL charges filed against Barangay Punta Engaño officials have been dismissed.
They were accused of allowing ship-breaking operations to continue along the shores of Sitio Proper Jansen.
Last June 20, 2024, Diosaminda “Josie” Hayashi and other concerned residents of Sitios Proper Jansen, Lupa and Kolo filed criminal cases against Barangay Captain Crisanto Estardo along with members of the Barangay Council, including Mark Jonas Estardo, Mario Bacale, Elizabeth Martin, Carlito Pagobo, Vicente Dungog, Rebecca Adamos and Ranulfo Abejo Jr. for allegedly violating Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act.
They also filed criminal cases against the group before the Lapu-Lapu City Prosecutor’s Office for allegedly violating the Code of Conduct and Ethical Standards for Public Officials and Employees, or RA 6713.
Mark Jonas, one of the respondents, told reporters on Friday, Oct. 11, that the prosecutor’s office found no “probable cause” for the criminal charges, resulting in their dismissal.
“Our party submitted a counter-affidavit and a verified motion to dismiss regarding the case filed and it was dismissed by the fiscal on Aug. 5,” said Estardo in a mix of Cebuano and English.
Background
According to the complainants, the barangay officials violated Section 3 of RA 3019 for allowing the ship-breaking operations to continue despite the cease and desist order issued by Mayor Junard Chan on Jan. 31.
They said residents suffered from respiratory tract infections and pneumonia due to prolonged exposure to fiber dust which were emitted from the activity. They also said residents suffered from skin irritations that were allegedly caused by “fiberglass-like particles” coming from the vessel.
The complainants said barangay officials dismissed the residents’ concerns and supported the interest of the firm behind the operation.
Barangay officials, for their part, said they are not liable for criminal charges as the complainants failed to show elements of Section 3
of the law.
They pointed out that an inspection conducted by different departments of the City Government found that there was no continued ship-breaking operation. Instead, the firm behind the operation was only complying with recommendations to contain residual and hazardous waste.
They also denied giving any unwarranted benefits and preference to the owner of the vessel and the firm behind the ship-breaking.
The respondents added that they had no intention to dismiss the residents’ concerns, but stressed that their health issues may have been caused by something else.
The complainants also filed the same cases along with violation of RA 6770, or the Ombudsman Act of 1989, or grave misconduct, before the Office of the Ombudsman.
Scheduled mediation
The Ombudsman endorsed the investigation of the case to the City Council, while the complainants called for officials to be placed under preventive suspension during the investigation.
On Sept. 30, the council issued a resolution denying the request of the complainants.
“The criminal cases that were filed at the fiscal’s office have been formally dismissed…What we are waiting for is the decision of the Sangguniang Panlungsod (City Council),” said Estardo in a mix of Cebuano and English.
Last Wednesday, Oct. 9, the council held a pre-trial hearing, but the complainants did not submit a pre-trial brief.
The council scheduled a mediation on Oct. 17 for the complainants and respondents to sit down and talk.
Another pre-trial hearing is scheduled for Oct. 31. / DPC