The Ombudsman has dismissed the graft charges filed against detained Senator Leila de Lima and former Sulu vice governor Abdusakur Tan owing to alleged irregular release of suspected Abu Sayyaf Group members in 2013.
In a nine-page joint resolution dated Jan. 16, the Ombudsman junked the case filed by Temogen Tulawie and Abner Tahil for their failure to present substantiate their allegations that the respondents violated Sections 3(e) and (f) of the Anti-Graft and Corrupt Practices Act.
At the same time, the Ombudsman found no probable cause to hold any of the respondents liable for grave misconduct, dishonesty, neglect of duty, or conduct “prejudicial to the best interest of the service.”
“In a nutshell, complainants’ allegations are devoid of evidence. Without evidence, allegations are just empty words. Allegations can never be considered as repositories of truth, and hence cannot serve as foundation of decision resolving rights of the litigants,” the resolution read.
De Lima and Tan, along with former National Commission on Muslim Filipinos chairman Mehol Sadain and former commissioner Edilwasif Baddiri, were accused of causing the release of Mohammad Sali Said, Jul Ahmad Ahadi, Robin Sahiyal and Mujibar Bong Amon in February 2013 during the stint of De Lima as Justice secretary.
Tahil claimed he had personal knowledge of the respondents’ “shadowy dealings” with the suspected Abu Sayyaf members in order to topple Tulawie, who was then facing a criminal case at Branch 19 of the Manila Regional Trial Court.
Tulawie and Tahil also said the respondents made it appear on record that the three suspected ASG members were arrested due to mistaken identity.
De Lima, in her counter-affidavit, had dismissed the complaint filed against her as “a mere scrap of paper,” “cavalier story-telling unsupported by any evidence.”
De Lima added that Said, Ahadi, and Sahiyal were never convicted as terrorists.