Dismissal of graft charges ‘best birthday gift’ for mayor

BACOLOD CITY – The dismissal of the P6.9 million graft cases after six years of legal battles is the “best gift” that Mayor Marvin Malacon of EB Magalona, Negros Occidental has ever received for his birthday on August 6. He is turning 51.

“Best birthday gift ever. I wish no more on my birthday. The Ombudsman’s decision, exonerating me and my 18 co-accused from trumped-up charges is ‘beyond enough’ to thank God and to celebrate,” Malacon said.

He said six years of battling false accusations fueled by plain innuendo was tiresome.

“But I never gave up. Not just for myself, but for my family’s and co-accused’s sake,” Malacon emphasized.

“The Ombudsman’s decision is like a beacon from afar that will guide Saraviahanons to what is really true. They accused us. They tainted our names, integrity, and credibility, yet, they failed to smash us. Truth prevailed, and we triumphed over politically motivated harassment,” he added.

Malacon faced 31 counts of graft charges.

His co-accused, who were also cleared by the anti-graft agency, included Vice Mayor Eric Matulac and councilors Reylan Gamboa, Joey Pugales, Isidro Gomed, Gelita Parcon, and Jovie Madayag.

Department heads Riza Diaz (municipal treasurer), Jessilyn Plaza (ex-municipal budget officer), and Debbie Ann Monte (ex-executive assistant, now budget officer) were also implicated.

Other respondents included nine village chiefs: Leah Beri (Tanza), Rio Jemilla (Consing), Sharen Patoc-Belen (Pasil), Larry Jayona (Gahit), Ronnie Loro (San Isidro), Merian Porras (Canlusong), Ronaldo Olano (Cudangdang), Ma. Fe Monarca (Damgo), and the late Allan Matapaja (Alicante).

Jayona, Loro, Porras, Olano, and Monarca are already former barangay captains.

Former Vice Mayor Robert “Rob” Acaling acted as the complainant.

He accused Mayor Malacon and others of violating Section 3 of Republic Act (RA) 3019 (illegal use of public funds and properties) and RA 6713 (dishonesty, grave abuse of authority, and grave misconduct).

The charges stemmed from the controversial P6.9 million fund aid given to 23 villages in town at P300,000 each in April 2018, a month before the May 14 Barangay and Sangguniang Kabataan elections.

But the fact is, such fund aid was used for barangay road rehabilitation, flood control, and reforestation.

Thus, both criminal and administrative charges didn’t hold water.

On April 18, 2024, Ombudsman Samuel Martires ordered the dismissal of the charges for two valid grounds: lack of probable cause and lack of substantial evidence.

Malacon said, “God knows. We never did any hanky-panky.”

“I wish that the Ombudsman’s decision will enlighten all Saraviahanons that we never erred in spending government money. Every single centavo from our town’s coffer is well-accounted for, and we never engaged in any act constituting graft and corruption. Not worth my salt,” the mayor emphasized.

“Elevating EB Magalona’s status from second to first class municipality in terms of income is also a legacy I’ll be leaving for my Kasimanwas,” the mayor added.

Malacon is set to conclude his three terms as mayor of EB Magalona in June next year.