THE Office of the Ombudsman dismissed the criminal complaint filed against former Talisay City mayor and councilor Socrates Fernandez over accusations that he helped his adopted son escaped from detention five years ago.
In her seven-page decision, Ombudsman Conchita Carpio Morales dismissed the complaint filed against Fernandez after she found that there is no probable cause to charge him for conniving with or consenting to evasion and violation of the Anti-Graft and Corrupt Practices Act for helping his son Joavan escaped jail on May 8, 2013.
Carpio's decision was made on April this year, four months before she retired from government service.
In her decision, Carpio said Fernandez can't be liable for the criminal charges as there is no evidence to support that he acted with gross inexcusable negligence, one of the elements of the Anti-Graft and Corrupt Practices Act.
"For an action to constitute as gross inexcusable negligence, it is essential to prove that the breach of duty borders on malice. In the present case, there is no evidence that respondent's lack of care was impelled by malice or that he was absolutely indifferent to the consequences in so far as other persons may be affected," Carpio added.
In May 8, 2013, Fernandez's son Joavan escaped from police custody and took a government vehicle as a getaway car.
Fernandez was subsequently charged and suspended several times due to the crime.
