The Office of the Ombudsman in Quezon City dismissed for lack of probable cause the criminal complaint filed by Lolita Sy against former Bacolod City Legal Officer Joselito Bayatan and nine others for alleged violation of Section 3 (e) and (f) Republic Act 3019 or the Anti Graft and Corrupt Practices Act in relation to the previous operation of Unitop and Unicity for three years without business permits.

Sy filed the complaint on Oct. 11, 2013 alleging that Bayatan conspired with respondents Julie Lim, proprietor of Unicity General Merchandise; Sharlyn Ferrer, attorney-in-fact of Julie Lim; Jiasheng Zeng, Unicity store manager; Ricardo Brito, president of Unitop; Yolanda Brito, treasurer/corporate secretary of Unitop, and Unitop Board of Directors Emma Matias, Lily Co, Mary Lenor Goboli and Ryna Yvette Brito, because he never acted on their complaint.

She said Bayatan's replies were late, non-responsive and pro forma in nature, and that both Unitop and Unicity have continued to operate without business permit for the past three years.

But on August 22, 2013, former Bacolod City Legal Officer Sarah Villamor ordered the closure of Crown Theater building that houses Unitop and Unicity for lack of business permit, Sy said.

However, the Ombudsman, in its resolution dated June 24, 2014 ruled that the complainant has the burden of proving respondent Bayatan's alleged bias and partiality in favor of private respondents. In its absence, complainant's mere suspicion and speculation cannot be given weight, it said.

The resolution dismissing the case against Bayatan et al for lack of probable case was approved by Ombudsman Conchita Carpio Morales and signed by Graft Investigation and Prosecution Officer I Vivien Leigh Santiago-Lumangtad and reviewed by Jane Aguilar, Reviewer, EIO, Team A.

The order states that there is no proof showing that Bayatan was motivated by gain for the purpose of favoring private respondents.

Meanwhile, Bayatan said yesterday that this is one of the mindless acts of Mayor Monico Puentevella because, as soon as he assumed office, he started harassing those who are closely identified with then Mayor and now Bacolod Rep. Evelio Leonardia.

Bayatan cited that several department heads and other city employees were placed on floating status by Puentevella but he was defeated at the Civil Service Commission .

“In my case, he filed this baseless case using third persons just right after my co-terminous office was done, which is pure and simple harassment,” he said.*CGS

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