The Ombudsman has junked the complaint filed against Mayor Necitas T. Cubrado Pilar town for lack of probable cause.
“Wherefore, premises considered, the motion for reconsideration of Cubrado is granted and the assailed resolution is hereby reversed and set aside. The complaint against Mayor Cubrado is dismissed for lack of probable cause,” the Ombudsman decision promulgated October 8, 2019, said.
The decision was approved by Ombudsman Samuel R. Martrires who affixed his signature to it as recommended by Assistant Ombudsman Jose M. Balmeo, Jr. and signed by Graft Investigator and Prosecution officer Rafael Rodrigo S. Esguerra.
“Mayor Cubrado clearly had no intention to usurp the powers of the Sangguniang Bayan, hence, there is no basis to file an information for usurpation of legislative power,” the decision said in dismissing the complaint filed by former Mayor and Vice-Mayor Wilson Pajo, who was defeated by Cubrado in 2019 elections.
With the said decision, the Ombudsman reversed its previous decision which found Cubrado guilty of “grave misconduct” for the alleged usurpation of legislative power.
Cubrado has then meted dismissal from public service and with the accessory penalty of perpetual disqualification from holding any public office by the Ombudsman.
The case arose from the intention of Cubrado in helping some 90 plus households of the barangays to avail of the energization program of the national government.
The mayor said she has sent a letter to SB asking for an enabling authorization for her to implement the said program. But the SB majority of whom are opposition ignored her request.
Capitalizing on her failure to secure legislative authorization from the SB, her detractors filed the said complaint against Cubrado.
It will be recalled that prior to the 2019 elections, Pajo filed a disqualification against Cubrado before the Commission on Elections (Comelec) for the alleged misrepresentation in her filing for a certificate of candidacy.
The complainant (Pajo) wanted Cubrado disqualified from running for reelection since the Ombudsman has found her guilty of “grave misconduct” for alleged usurpation of legislative power.
But the Comelec dismissed Pajo’s complaint “finding of grave misconduct against Cubrado appeared to have not yet attained finality.”
Thus, the Comelec upheld Cubrado’s running for mayor in the 2019 elections. (rvo)