Fiscal cries harassment over administrative cases

CEBU, Philippines -  Citing harassment, Cebu City Assistant Prosecutor Liceria Lofranco-Rabillas has asked the prosecutor general of the Department of Justice to dismiss the graft and corruption and grave misconduct charges filed against her by the husband of a former town mayor in Cebu.

In her eight-page comment, Prosecutor Rabillas said the case is designed simply to maliciously harass and persecute her and should therefore be dismissed for lack of merit.

DOJ  Prosecutor General Claro Arellano earlier directed Rabillas to comment on the administrative complaint lodged against her by Ricardo Reluya, Jr., the husband of former San Fernando town mayor Lakambini Reluya.

Last February 15, Reluya filed graft and grave misconduct charges against Rabillas before the Office of the Ombudsman-Visayas.

The anti-graft office then endorsed the complaint to DOJ Secretary Leila de Lima for appropriate action last February 21.

Reluya’s complaint stemmed from the perjury charges 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.

Rabillas stated in her comment that no corruption, clear intent to violate the law or flagrant disregard of established rule can be attributed to her.

Rabillas called the charges maliciously and completely bereft of any concrete and factual evidence.

To recall, Reluya’s perjury complaint was assigned to Cebu City Assistant Prosecutor Mary Ann Castro who found probable cause against the Canoys for the crime of perjury but dismissed the complaint against Jore, Pasilan and Baringuian for want of evidence.

The resolution was forwarded to Rabillas who approved it upon review.

City Prosecutor Nicolas Sellon did not approve it and instead ordered the re-opening of the investigation citing procedural lapse and the interest of justice.

Sellon also ordered the issuance of subpoenas for respondents to submit counter-affidavits.

Finding no sufficient evidence to indict the respondents, Rabillas recommended the dismissal of the perjury complaint last November 9, 2010, a reversal of her prior approval.

Rabillas said her recommendation was not only affirmed by Sellon but was also sustained by Prosecutor Ernesto Narido, Jr., who re-evaluated the case upon motion of the Canoys.

Rabillas pointed out that there are three prosecutors (her, Sellon and Narido) who rendered an adverse resolution against Reluya and yet she is being singled out by the complainant. 

“No malice or bad faith can be imputed to the undersigned in rendering a resolution which was duly approved by the City Prosecutor and thereafter was duly sustained by another resolving prosecutor,” Rabillas’ Comment reads. —(FREEMAN)