Judge junks motion to reject complaints-A A +A
Saturday, June 16, 2012
REGIONAL Trial Court (RTC) Judge Sylva Aguirre Paderanga denied a Danao official’s move to quash a falsification of public document complaint filed against him.
The complaint stemmed from the Danao City Administrator Jesus “Don” Durano’s alleged concealment of facts in his personal data sheet (PDS). In his DPS, Durano initially declared that he has no pending case.
A Sun.Star report on May 28 last year stated that the city council resolution, in rejecting Durano’s appointment, said he was facing charges for grave coercion, resistance and disobedience to persons in authority before the Danao City Municipal Trial Court in Cities.
In her order, Paderanga said there was no forum shopping committed since the dishonesty complaint against Durano filed at the Office of the Ombudsman-Visayas is administrative in character, while the falsification of public document complaint against him before the City Prosecutor’s Office is criminal in nature.
Within 10 days from the filing of the information, the judge shall evaluate the prosecutor’s resolution and its supporting evidence. If the evidence fails to establish probable cause, the judge may dismiss the case.
But if the judge finds probable cause, a warrant of arrest and commitment order will be issued.
If there’s doubt on the existence of probable cause, the judge may order the prosecutors to present additional evidence within five days. The issue must be resolved by the court within 30 days from the filing of complaint.
“The rule does not require cases to be set for hearing to determine probable cause,” the order stated.
City Councilor John Cane said that Vice Mayor Ramon “Nito” Durano III and city councilors filed the criminal complaint against their city administrator.
Sun.Star called up Durano’s counsel Gloria Lastimosa Dalawampu but the lawyer did not give a reaction.
Her staff Girlie Tagais said they have not received a copy of the judge’s ruling yet.
Published in the Sun.Star Cebu newspaper on June 16, 2012.