Woman accuses gov’t. lawyer of graft, faces perjury raps

Monday, February 20, 2012

THE Office of the Cebu City Prosecutor has filed a perjury case against a woman from Lapu-Lapu City who accused Regional State Prosecutor Fernando Gubalane of graft and misconduct for allegedly receiving monthly allowances beyond what is provided by law.

Assistant City Prosecutor Jose Nathaniel Andal found evidence to hold Brenda P. Tan, of Sitio Butterfly in Barangay Babag, on trial for perjury.

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Andal, in his resolution, pointed out that the elements of perjury are present in the case since Tan did not merely “suggest” that Gubalane receives monthly stipends from the cities of Bogo and Danao and the Witness Protection Program but was “projecting a fact as if grounded on hard evidence.”

“On the contrary, she (Tan) has nothing to prove her claim,” Andal said.

Affidavit

In July last year, Gubalane charged Tan with perjury after the latter executed an affidavit before the Office of the Ombudsman-Visayas.

The affidavit, Gubalane pointed out in his complaint, was made to cause prejudice and to mislead the anti-graft office into believing he receives illegal monthly stipends from the cities of Bogo, Danao and witness protection program of the Department of Justice.

In her complaint-affidavit lodged before the anti-graft body, Tan accused Gubalane of violating Republic Act 3019, or the Anti-Graft and Corrupt and Practices Act.

Also named respondents were the budget officers and treasurers of Cebu Province and the Cities of Cebu, Mandaue, Talisay, Danao and Bogo.

Tan alleged that Gubalane is receiving an excess monthly allowance of P35,000 more than what is mandated by law.

Gubalane denied violating the Anti-Graft Law, saying the allowances he receives are legal and allowed by the Local Government Code, a city ordinance and Section 16 of RA (Republic Act) 10071.

Tan said Gubalane, who has salary grade 30 and earns about P71,500, is entitled only to P35,750 monthly stipend, or equivalent to half of his monthly salary.

But Tan said Gubalane is receiving a total of P41,500 monthly stipends from the six LGUs. These are Cebu City, (P12, 000), Cebu Province, (P12,000), Mandaue City, (P10,000), Talisay City, (P3,500), Bogo City, (P2,000); and Danao City, (P2,000).

Apart from the allowances Gubalane is getting from the six LGUs, Tan alleged the prosecutor is also receiving monthly stipends from the National Government totaling to P30,900.

These include representation and travel allowance (P17,400), personal economic relief allowance (P2,000), inquest allowance (P1,200), special allowance (P5,300), and witness protection program (P5,000).

Gubalane is receiving a total of P92,400 in monthly stipends from the LGUs and the National Government, said Tan.

Malicious

In his complaint, Gubalane said Tan maliciously accused him of committing corrupt practices and grave misconduct.

Gubalane attached to his complaint a certification from the Witness Protection Program, and the cities of Bogo and Danao that he was not receiving monthly allowances from them.

In the resolution, Prosecutor Andal said Tan is accountable for every statement she made in her affidavit and “maybe prosecuted for perjury if the evidence warrants, as in the present case.”

Judge Monalila Tecson of the Municipal Trial Court in Cities has issued an arrest warrant against Tan. A P6,000 was recommended for her temporary freedom.