Ombudsman Indicts Former Pinamungajan Brgy Leader

The Office of the Ombudsman-Visayas has indicted a former barangay captain of Pinamungajan for his failure to return the government-owned gun issued to him while he was still in the active service.

Deputy Ombudsman for the Visayas Paul Elmer Clemente has ordered the filing of criminal charges against Elmerito Panlaan, former captain of Barangay Anapog, for malversation of public property.

Clemente said after Panlaan failed to return the 9 milimeter pistol worth P40,175 despite of the repeated demands from the municipal supply officer he already violated Article 217 of the Revised Penal Code.

The record showed that the gun was issued to Panlaan in 2003.

During the investigation, it was established that when the new municipal mayor of Pinamungajan assumed office in 2013, he immediately ordered the municipal treasurer to account for and turn over all service vehicles and firearms owned by the municipal government.

Despite notice and repeated demands, Panlaan did not return the firearm but instead, he submitted an affidavit stating that he no longer had custody of it since he already surrendered the same to the chief of police in 2006.

In junking the bare claim of Panlaan, anti-graft body argued that the failure of Panlaan to return accountable property is already a prima facie evidence that he has appropriated the missing firearm for personal use.

The anti-graft investigators said the failure of Panlaan to overcome the prima facie evidence of guilt when he was unable to produce, let alone sufficiently explain who had custody of the missing property.

Article 217 of the Revised Penal Code prescribes penalties for failure of public officers to account for public funds or property with which he is chargeable, upon demand by any duly authorized officer.