DOJ orders prosecutor to comment on Reluya's suit

CEBU, Philippines - The Department of Justice has directed Cebu City Assistant Prosecutor Liceria Lofranco-Rabillas to comment on the administrative complaint lodged against her by Ricardo Reluya, Jr., the husband of ex-San Fernando town mayor Lakambini Reluya.

DOJ Prosecutor General Claro Arellano has directed Rabillas to comment within five days from receipt of the order and further told her that in case of her failure to submit the same, the complaint shall be resolved on the basis of allegations and the evidence on record.

Reluya said he received Arellano’s second endorsement dated April 27, 2011 last Monday.

On February 15, 2011, Reluya filed a complaint of graft and corruption and grave misconduct against Rabillas before the Office of the Ombudsman-Visayas, who also endorsed the complaint to DOJ Secretary Leila de Lima for whatever action on February 21, 2011.

Reluya’s complaint against the prosecutor stemmed from the perjury complaint that he filed against San Fernando Mayor Antonio Canoy, San Fernando Vice Mayor Mico Canoy, the mayor’s daughter, Ma. Carmelle Canoy, Luis Apawan Jore, Olando Pasilan and Sanilo Baringuian.

The said complaint was raffled and assigned to Cebu City Assistant Prosecutor Mary Ann Castro who handled the preliminary investigation and issued a Resolution finding probable cause against the Canoys for the crime of perjury.

While the complaint against Jore, Pasilan and Baringuian was dismissed by Castro for lack of evidence.

The said Resolution was forwarded to Rabillas for review and she approved it on September 15, 2010.

However, on November 9, 2010, Rabillas submitted a comment upon review, wherein she recommended for the dismissal of the complaint which is virtually a reversal of her prior approval.

Reluya, in his affidavit, stated that the incumbent mayor is a wealthy and an influential person and that talks circulating at the Prosecutor’s Office that financial consideration could have played a role for Rabillas’ reversal of her own approval of  Castro’s Resolution.

The FREEMAN tried to get the comment of Rabillas but text messages and calls sent to her cell phone remained not answered as of press time.

However, Rabillas in her Comments (upon Review after re-investigation) stated that due to the ex-parte motion filed by the Canoys that they be given the chance to file their Rejoinder Affidavit, said Resolution was not approved by City Prosecutor Nicolas Sellon.

Sellon, Rabillas said, instead ordered Castro last September 28, 2010 to reopen the investigation of the complaint. Thus, Rabillas reviewed the complaint based on all the evidence submitted by the parties.

Rabillas in her findings recommended to Sellon the dismissal of the complaint against the Canoys contending that “there is a grave and serious doubts on complainant’s accusations, at least for the purpose of determining probable cause” and the latter approved it.

Reluya further stated in his affidavit that Rabillas’ Comments upon Review, acted in desperation to be the counsel for the respondents rather than execute her duty as prosecutor to determine the existence of or lack of probable cause.

“There was a glaring irregularity bordering on grave misconduct and graft and corruption committed by Rabillas when she reversed Castro’s findings after she recommended it for approval just to accommodate the respondents, to the damage and prejudice of my complaint,” Reluya’s affidavit reads. (FREEMAN)