TAL Ban zine] MAY 07 2008 Republic of the Philippines OFFICE OF THE OMBUDSMAN Preliminary Tnvestigation ard Administrative Adjudication Bureau (FLAB-E ) ‘Agham Read, Government Genter, North Triongle, Diliman, 1128 Quezon City. CRISANTA T. OCAMPO Block 33, Brgy. San Isidro Magalang, Pampanga Complainant, - versus - CPL NO. C-04-2392 FOR: MULTIPLE MURDER, SEC. 4, C, R. A. NO. 6713, GRAVE ABUSE” OF AUTHORITY AND ORAVE. MISCONDUCT SEC. PATRICIA STO. TOMAS, Department of Labor ancl Management Intramuros, Manila Rep. BENIGNO AQUINO, JR. House of Representatives Quezon City JOSE “Peping” COJUANGCO Hacienda Luisita Management Hacienda Luisita, San Miguel Tarlac City P/DIR. GEN. EDGAR AGLIPAY PNP Chief, Camp Crame Quezon City GEN. ROMEO DOMINGUEZ AFP Northern Luzon Command COL. RICARDO VISAYA 69% Infantry Batalion PCSUPT. QUIRINO DELA TORRE Police Regional Office 11 SR. INSP. SABINO L. VENGCO PNP Bataan PO2 NOEL HULIPAS VELASCO Police Regional Office 3 Mobile Group PO1 NORIEL P. MARCELO PNP Nueva Ecija PO1 MICHAEL PADIERNOS SANTIAGO PNP Nueva Ecijaall the respondents directly or indirectly participated in the violent dispersal of the striking workers, the act characterizing the offense charged should solely and exclusively be attributed to the persons who actually committed or performed said act. Individual liability, if any, should be adjudged in the absence of proof of conspiracy. All told, the existence of a crime must be established by positive evidence, not on mere inferences and presumption’. It is well-settled that it is imperative upon the Fiscal to relieve the accused from the pain of going through a trial once it is so ascertained that the evidence is insufficient to sustain a prima facie case or that no probable cause exists to form a sufficient belief as to the guilt of the accused!®, The Fiscal should not go on with the prosecution in the hope that some credible evidence might later on present itself. For if probable cause does not exist, there is no need to hold the respondents for trial. In the light of the foregoing, and considering that the only remaining respondents on the case at bar are all uniformed M2 (People vs. Marquez, G.R, No. L-31403, 14 December 198! « 16 0.G.1481 and People vs. Otero, 27 0.G. 669 © Salonga vs. Cruz Pano, 134 SCRA 438 People vs. Chay FQ berecformIndeed, all the private respondents together with Secretary PATRICIA STO. TOMAS, Undersecretary IMSON, and Sheriff FRANCIS REYES, have nothing to do with the violent dispersal of the striking workers resulting to a number of casualties and various injuries sustained by the striking workers, Considering, moreover, that criminal liability is strictly personal in nature, it should not be readily inferred that any act that may have been committed or done by the other respondents is automatically or necessarily the act of all the respondents herein. In the absence of any positive proof that © Arias vs, Sandiganbayan, 180 SCRA 309 "' People vs, Mahlon, 92 Phil, 883 - lececfnnJOINY ODI CPL NO, CPLNO, Cos.0084 Page = law enforcement personnel, this Office likewise opines that the return of the records of the instant complaints to the Office of the Deputy Ombudsman-MOLEO, the proper office vested with jurisdiction over the persons of the remaining respondents is warranted. WHEREFORE, the instant complaints against Secretary PATRICIA STO. TOMAS; Undersecretary MANUEL IMSON; Sheriff FRANCIS REYES;(1 PEDRO COJUANGCO; JOSE “PEPING” COJUANGCO, JR.; RICARDO LOPA; JOSE MANUEL LOPA; and ERNESTO TOPACIO are DISMISSED for lack of merit. LET the records of the instant cases be referred back to the Office of the Deputy Ombudsman — MOLEO, for proper disposition SO ORDERED. Quezon City, Philippines, July 11, 2005. Gg sy hosgeh he — Graft Investigation and Prosecution Officer I