By Kit Bagaipo
The Bohol ChronicleA Boholano lawyer was cleared of bribery and corruption charges by the Presidential Anti-Graft Commission (PAGC).
Lawyer Zomer Ochavillo, a legal officer of the Philippine Overseas Employment Administration (POEA), was one of three others who were entrapped by the NBI while in the course of demanding and receiving P200,000 from a certain Jocelyn Enriquez as downpayment for processing a license to operate a recruitment agency.
Ochavillo was found not guilty of conspiracy due to insufficiency of evidence.
The entrapment operation, last December 1, 2006, was conducted by the NBI after Enriquez and her American citizen business partner, Danny Kaszovits, disclosed to the POEA Administrator that certain government employees demanded from her P400,000 in exchange for assistance in processing the application for license to operate a recruitment agency.
Enriquez wanted to set up an agency for Philippine nurses to work in the United States of America.
She contacted a certain Ester Santiago who informed her that her relative National Labor Relations Commissioner Victoriano Calaycay could help in processing the papers with POEA.
Initially, Enriquez and Kaszovits met with Calaycay and one Dennis Gabionza who later brought Ochavillo and another POEA legal officer Atty. Augustus Hidalgo.
It was during the second meeting when the group allegedly asked from Enriquez the amount of P400,000 with P200,000 to be given as downpayment and the balance to be paid upon release of the license.
Enriquez revealed the arrangement to a cousin who happens to be a congressman and later went to report the incident to the POEA Administrator who referred it to the NBI.
The NBI coordinated with Enriquez for the entrapment of the respondents on December 1, 2006 at the Century Park Hotel coffee shop.
During the entrapment, Calaycay, Ochavillo, Hidalgo and Gabionza were converged in one table at the coffee shop when Enriquez joined them.
After handing over the P200,000 worth of marked money, Enriquez gave her signal to the NBI agents that the transfer was complete.
All the respondents were then apprehended and the marked money was recovered from Gabionza.
The four respondents were later tested positive of fluorescent powder specks and smudges on their hands.
The PAGC initiated an administrative investigation against the respondents who were charged with Direct Bribery, Corruption of Public Officials under Articles 210 and Article 212 of the Revised Penal Code and violation of Section 3 of RA 3019, the Anti-Graft and Corrupt Practices Act.
Calaycay was preventively suspended for 90 days.
During the hearings of the case, the NBI agents who participated in the entrapment also gave their testimonies.
The PAGC found Calaycay, Gabionza and Hidalgo guilty of conspiring with each other in violation of the Anti-Graft and Corrupt Practices Act for asking Enriquez P400,000 as consideration for the processing of her license to operate a recruitment agency.
However, respondent Ochavillo was found not guilty of conspiracy due to insufficiency of evidence.
PAGC likewise recommended the dismissal of Calaycay and Hidalgo from service, with accessory penalties such as the cancellation of their eligibility, forfeiture of leave credits and retirement benefits and the disqualification for re-employment in government service.
No administrative sanctions were imposed on Gabionza as he is a private individual.
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Topic: Bol-anon Lawyer Cleared of Bribery and Corruption Charges (Read 1783 times)