The Office of the Ombudsman has dismissed a criminal complaint filed against Don Salvador Benedicto Mayor Lawrence Marxlen de la Cruz and Barangay Captain Juanito Pedrosa of Barangay Kumaliskis for violation of the Anti-Graft and Corrupt Practices Act.

Complainants Romeo Ferrer, Rogelio Rebatado and Jimmy Tolentino said they were DSB residents and alleged that the de la Cruz family planted coffee seedlings in their areas without permission, prompting them to file a forcible entry case before the Municipal Circuit Trial Court in Murcia, Negros Occidental.

During the hearing of the case, spouses Board Member Nehemias de la Cruz and DSB Vice Mayor Cynthia de la Cruz presented a Memorandum of Agreement executed between the Mayor and the Department of Environment and Natural Resources, and another between Pedrosa and the DENR in regard to the planting of the coffee seedlings.

The Ombudsman said after a careful examination of the allegations and documents submitted, the complainants have presented no argument or document to rebut the presumption that the MOAs entered into by the respondents with the DENR were irregular or illegal.

Without a declaration by competent authority of the illegality of the MOAs, the Ombudsman’s decision said it is constrained to dismiss the complaint.

The prayer of the complainants for the preventive suspension of the mayor and barangay captain are rendered moot by the dismissal of the complaint.*CPG

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