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ILOILO City: A panel of prosecutors discovered “skeletons”
in the closet of former Chief City Prosecutor Efrain Baldago,
reported Panay News.
The sheer number of unresolved cases—699—and
the length of time they have remained pending at the office of the
former chief city prosecutor “strongly indicate dereliction of
duty,” concluded the panel of prosecutors.
In a report addressed to Acting Justice
Secretary Raul Gonzalez dated January 23, 2008, Provincial
Prosecutor Bernabe Dusaban, Assistant Regional State Prosecutor
Virgilio Garcia and Senior State Prosecutor Leo Dacera revealed that
699 cases needing Baldago’s approval have remained unattended.
It was also discovered that several “object
evidences” were missing at Baldago’s office, resulting in the
dismissal of cases.
In two criminal cases (illegal possession of
firearms) filed in courts, the object evidences were “not among
those found” at Baldago’s office despite a document showing that
these were received by the office.
The panel was able to unlock and inventory 14
cabinets, two top shelves containing 402 firearms of various make
and caliber, six fragmentation grenades and other object evidences.
However, a steel cabinet with a safety deposit box remains unopened,
as the locksmith employed was unable to open it.
Cash amounting to P702,000 could not also be
accounted at Baldago’s office.
It was Gonzalez, thru Memorandum Order 01-08,
who directed the three prosecutors to inventory the cases and object
evidences at Baldago’s office.
“The memo has been fully and legally
vindicated,” said Garcia in a press conference.
According to the prosecutors, a number of
firearms found were also not properly tagged and could not be
identified by case number or name of suspect.
“It is reasonable to conclude that no one has
been charged or no case filed in connection with the unidentified
firearms,” their report read.
Among recommendations the panel presented
Gonzalez was for the DOJ to require Baldago to explain why no
charges should be lodged against him for his unjustified refusal to
properly turn over evidences and records to Acting City Prosecutor
Peter Baliao; and for the latter to direct the property custodian
and/or Baldago to produce a printing machine.
The panel also proposed that firearms and
explosives without pending cases should be turned over to the city
police director, explosives and ordnance division, for proper
disposition.
It was also recommended that further
investigation be conducted to determine the cause of the enormous
backlog and unreasonable delay in the disposition of cases; and for
all personnel responsible for the delay in the disposition of cases
and the loss of documentary and object evidences, and government
property if any, to be indicted.
Justice Secretary Raul Gonzalez had earlier
ordered the dismissal of Baldago based on a decision of the Office
of the President.
The decision was issued by the office of
Executive Secretary Eduardo Ermita on November 28, and it affirmed
the August 16, 2007 resolution of the Presidential Anti-Graft
Commission (PAGC) that found Baldago liable for violating Section 7
of Republic Act No. 6713, or the Code of Conduct and Ethical
Standards for Public Officials and Employees.
The order also canceled Baldago’s retirement
benefits and permanently barred his reemployment in government.
The former chief prosecutor was the subject of a
complaint filed by retired engineer Jose Demontaño, who accused him
of extortion when Baldago allegedly asked for money in exchange for
facilitating a case the complainant had filed at the city
prosecutor’s office. Baldago has repeatedly denied the accusation.
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