DAVAO CITY — The Regional Trial Court Branch 3 in Butuan City acquitted Land Transportation Office (LTO) Caraga region OIC Regional Director Joel R. Consulta and personal aide staff Boby Cozy Ilanga against accusations of mulcting money from a driving school for lack of evidence to pin down the accused.
In a decision17-page decision handed down on March 24, 2023, Presiding Judge Marigel Dagani-Hugo stated that the complainant a certain Julius Jay Santa Ana, operations chief of Shiloh Arpra Technical Driving School failed to establish enough evidence to pin down Consulta and his personal aide Ilanga.
It can be recalled that on February 2, 2022, personnel of the Criminal Investigation and Detection Group (CIDG) swooped and arrested Consulta and Ilanga inside his office on allegations that he asked and received the bribe money (with bright yellow ultraviolet fluorescent powder) for SOP from Santa Ana inside the LTO office.
The money as claimed by Santa Ana, was reportedly received by Ilanga on Consulta’s behalf.
Santa Ana alleged that Consulta through Ilanga asked P20,000 on January 24, 2022, because he failed to complete the documents relative to his operations and even imposed a monthly contribution for the later’s continued operations.
In dismissing the case, the court stated that during the hearing, “Police Major Joel Signal, the forensic chemical officer of the regional forensic unit of PNP 10, stated that Consulta gave negative result for he presence of bright yellow ultraviolet fluorescent powder.”
It further added “While Patrolman Ember Parungao, the designated searcher and evidence custodian said he did not see or hear what happened inside the office of Consulta and he also testified he did not see that alleged giving of envelop by Santa Ana to accused Ilanga”
Police Sergeant Aikee Morada, the designated arresting officer, during the hearing testified “that he did not know what happened during the time when Santa Ana went inside the office of said accused. Likewise, he did not personally see Santa Ana handed an envelope to accused Ilanga.”
The court said it was also contrary that Santa Ana claimed that the grease money was needed to cover the deficiencies of his documents when he claimed he got all the required documents for the operations of his driving school.
The court also stated hat “Although Santa Ana maintained that accused Ilanga had asked him to give SOP, it was also him who established that what was asked by Ilanga was a report.”
In deciding the case, the court stressed “The prosecution has mere allegations which are uncorroborated and insufficient to adduce the required quantum of proof in these cases, The totality of its evidence, both testimonial and documentary failed to establish the moral certainty and conscientious satisfaction that attends to proof of guilt beyond reasonable doubt.”
The court decision added “The absence of an important element necessary negates the charges against the accused.”
In handing down the case the court added “The cases against the accused Joel Rentoy Consulta and accused Boby Cozy Ilangan are now dismissed for insufficiency of evidence.”
In an interview with Consulta on Friday, he sid “I know the truth will come out, and indeed it came, I was so silent about the case because I know I did nothing wrong.”
He added “My family especially my children were hurt but we endured because we know the truth.”
Consulta said he would never tarnish his reputation and 30-year service as a police officer in exchange for money.
The pendency of the case did not deter Consulta to perform his job as Asistant Regional Director of LTO-Caraga.-Editha Z. Caduaya
