Ombuds upholds decision on ambulance case vs Frasco couple

Rep. Duke Frasco and Tourism Secretary Christina Garcia-Frasco with actress-host Toni Gonzaga and her husband director Paul Soriano during the UniTeam rally at the South Road Properties in Cebu City. | File photo

CEBU CITY, Philippines – The Office of the Ombudsman said there was no need to overturn its earlier decision to dismiss the complaint filed against Deputy Speaker Vicente Franco “Duke” Frasco and his wife, former Liloan Mayor and now Tourism Secretary Christina Garcia-Frasco.

In a decision dated February 8, 2024 and released on September 13, 2024, it said that “the complainants have not persuaded this Office that their Motion for Reconsideration carries with it the necessary factual and legal foundation to overturn the findings as contained in the assailed Joint Resolution.”

With this, the Ombudsman said that its decision to dismiss the criminal and administrative complaints against the Frasco couple “STANDS.”

READ: Frasco couple cleared of liability over turnover of ambulances to Danao City during pandemic

In a statement, Rep. Frasco said he is grateful to the Ombudsman for the dismissal of the MR, an affirmation that he did nothing wrong in the performance of his function as the Cebu Fifth District Representative.

“Daghang salamat sa Office of the Ombudsman sa pagbasura sa ikaduhang higayon sa wala’y basehan nga kaso batok kanato tungod lamang kay kita naningkamot nga makatubag sa panginahanglan sa katawhan sa Danao,” he said.

READ: Frasco turns over P23M aid for indigent patients to private hospitals

Delivery of ambulances

The complaints against the Frasco couple stemmed from the delivery of ambulances for use in Covid-19 emergency response in Danao City.

In March 2022, Barangay Captains Don Roel Arias (Looc) and Joselito Cane (Poblacion), accused the Frasco couple of violating Republic Act (RA) 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees and RA 3019 or the Anti-Graft and Corrupt Practices Act for distributing ambulances that were registered under the name of the Cebu Provincial Government.

READ: House approves Frasco’s affordable funeral service bill on 2nd reading

Also charged was Cebu Fifth District Provincial Board Member Michael Joseph Villamor.

The complainants alleged that the respondents “illegally and unjustifiably delivered vehicles as ambulances to Barangays Looc and Poblacion” on Feb. 14, 2022 take advantage of the government’s facilities and resources to promote their candidacies in the  May 2022 election.

Lacked probable cause

In a Joint Resolution dated September 4, 2023, which was approved by Ombudsman Samuel Martires, the anti-graft body said that the complaints against Frasco, Garcia-Frasco, and Villamor lacked probable cause.

The anti-graft body also dismissed the administrative complaint against Frasco for lack of jurisdiction and against Garcia Frasco for want of substantial evidence.

Villamor was also cleared of the charge for “lack of basis.”

“Ang gibasurang kaso nagkagikan sa reklamo nga gipasaka sa mga lokal nga opisyal sa Danao. Ila ming gikiha kay nag-apod-apod kita og mga ambulansya nga makatabang unta sa mga barangay sa Danao sa panahon sa pandemya ug emerhensiya. Mao kini ang ilang tubag sa atong paningkamot nga mahatagan ug mahinungdanong proyekto ang katawhan,” Frasco said.

“Apan bisan paman sa mga hagit, padayon gihapon kita sa pagpangita ug paagi aron makatabang sa atong mga pinalanggang kaigsuonan sa Danao,” he added.