A court in Calauag, Quezon province has permanently dismissed the Ombudsman’s criminal case against Governor Joseph Cua for alleged abuse of authority over the use of government lot by a private contractor in 2018.
In an order issued on Dec. 1, 2023, Regional Trial Court (RTC) Branch 63 Acting Presiding Judge Julieto Fabrero ordered the junking of Criminal Case No. 22-9411-C filed by the graft court against the governor.
During the hearing in which the governor and his counsel, Atty. Michael Eric Onquit, was present along with the government prosecutor, the defense sought the dismissal of the case against the accused considering the prior warnings issued to the private complainant, Rey Mendez, with proof of service dated Oct. 6, 20 and Nov. 10, 2023.
Despite the Sheriff’s report indicating that the complainant as well as the witnesses received opies of the notices, they again failed to appear for the day’s proceedings, the court noted.
“Thus, over the objection of the Government Prosecutor, let this case against Joseph C. Cua be DISMISSED with prejudice,” Judge Fabrero declared, while noting and making a record of the objections of the government prosecutor.
It may be recalled that based on a complaint filed by Virac resident Rey Mendez in September 2018, the Office of the Deputy Ombudsman of Luzon placed Cua under a six-month preventive suspension on Jan. 8, 2019, just five days before the start of the election period.
The complaint accused Cua and then Bato town Mayor Eulogio Rodriguez of alleged abuse of authority, conduct prejudicial to the interest of public service, dishonesty, and grave misconduct, over the use by ERR Construction of a vacant lot owned by the provincial government without authority from the Sangguniang Panlalawigan.
At the height of the heated campaign for the gubernatorial post, a special panel of investigators composed of seven Ombudsman prosecutors found Cua guilty of gross neglect of duty and imposed on him a penalty of suspension without pay for one year beginning April 29, 2019, just two weeks before election day.
Despite the obvious disadvantage, the governor won his reelection bid handily, beating then three-termer Congressman Cesar Sarmiento by more than 25,000 votes.