The Office of the Ombudsman has dismissed administrative and criminal cases filed by a policeman against Silay Mayor Jose Montelibano for oppression and grave threats, Silay City Administrator Ignacio Salmingo said yesterday.

The Ombudsman's decisions said no probable cause has been found to indict the mayor.

SPO1 Dante Victor Escorpion, who is currently the chief of the Bacolod police Vice Squad Section, filed an administrative complaint for oppression and a criminal complaint for grave threats against Montelibano for allegedly pointing a gun at his head while making him kneel at the mayor' office in Silay City on Aug. 3, 2007.

The decision approved by Acting Ombudsman Orlando Casimiro said it believes that Montelibano confronted Escorpion about abuses he committed against ordinary citizens whom he was supposed to protect.

“It appears that in so many years as member of the police force, this was the first time that the complainant was told to stop his abusive actuations,” the Ombudsman noted.

The decision noted that there were no witnesses who corroborated the allegations of Escorpion of oppression and grave threats committed by the mayor.

On the other hand, the mayor's security consultant Christopher Gonzaga and SPO3 Bernie Javellana testified that Escorpion appeared normal and did not look disturbed when they saw him coming out from the office of Montelibano after the alleged incident.

“If indeed the complainant was maltreated by the respondent, he would be shouting and cursing at the respondent as this is the normal behavior of a person being maltreated, more so that he is a policeman,” the Ombudsman's decision said.

“Evidence to be believed must not only proceed from the mouth of a credible witness, it must be credible in itself,” the decision noted.

Escorpion said the mayor ordered him to go to the old mayor's office on Aug. 3, 2007 and ordered his civilian bodyguards to stay at the lobby.

On entering the office, he said, Montelibano closed the door and pulled out his .45 caliber pistol from his back waist, pointed it at him, and ordered him to kneel, Escorpion said in his complaint.

Gonzaga testified that Montelibano did not have a gun in his back waist.

Escorpion said while kneeling with his hands raised up, and the muzzle of Montelibano's gun almost touching his head, he asked what his fault was.

To which he claimed the mayor said: “Why did you harass my men? Why did you threaten my men with your gun? Why did you call me gago (stupid) as relayed to me by a lady complainant?”

Escorpion said he answered that it was not true, and that during the election period he only followed the lawful order of his superior.

He said the mayor then took out a camera and took pictures of him while he was kneeling and told him “I will kill you, if you want I can kill you now and no one will witness it.”

After 30 minutes of kneeling the policeman said he stood up and told Montelibano: “You can do whatever you want, I will leave this office.”

The mayor then replied “I will cause your transfer outside Silay City and can order your execution even if you are assigned in another place,” the policeman alleged.

Escorpion said he immediately reported the incident to his superior who advised him to inform their provincial police director.

Montelibano vehemently denied the allegations of the policeman.

Montelibano said he had been looking for Escorpion because of a complaint filed by Catherine Canicula-Bugayong, who alleged that she was threatened and manhandled by the policeman who even tried to kill her.

He then instructed the policeman to see him at his office for a conference, pointing out that under the Local Government Code mayors are deputized to have operational control and supervision over the local police, Montelibano added.

Escorpion denied that he threatened Bugayong but he nevertheless warned him that he did not want any Silaynon to be threatened, especially women, more so physically assaulted by policemen, Montelibano added.

The mayor said after 15 minutes at the Mayor's Office they went out because he had to go home for lunch.

Montelibano pointed out that Escorpion does not have the reputation for telling the truth having misrepresented to Bugayong that he was single when in fact he was married.

The mayor attached several complaints filed against Escorpion “to prove that the latter is the oppressor who had abused his authority as police officer who committed several abuses against ordinary citizens by threatening them and forcing them to kneel without any reason,” the ombudsman's decision noted.

Escorpion yesterday called Montelibano a “traitor,” and said he stands by his complaint and the mayor himself knows the truth. He insisted his cases against the mayor were dismissed on a technicality because his witnesses were afraid to testify.

Montelibano, on the other hand, said he was happy justice has prevailed.

“Anybody can sue the mayor but I will not let cases filed against me bother me, I will just continue to focus on my job,” he said.*CPG

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