Police office junks rob-extort raps vs tax bureau lawyer-A A +A
Sunday, October 7, 2012
THE Municipal Trial Court in Cities (MTCC) is yet to schedule the arraignment of a legal officer of the Bureau of Internal Revenue (BIR) who was arrested for alleged bribery.
This after the City Prosecution Office (CPO) recommended the filing of indirect bribery case, instead of robbery extortion, against lawyer Roderick Orallo.
The indirect bribery case was raffled off before the sala of MTCC-Branch 3 presiding Judge Silverio Mandalupe last Thursday.
In a three-page resolution dated October 1 and penned by prosecutor Shahruddin Sencio Jr., the robbery extortion complaint filed by Dr. Edgar Delibo, proprietor of Dok Alternatibo Herbal Products based in Digos City, Davao del Sur, against Orallo was dismissed since the "element of violence and/or intimidation was not present" during the incident.
Sencio said Delibo only complained of the "grossness" of the P30,000, which would redound to the benefit of the BIR personnel.
Sencio found probable cause to charge Orallo with indirect bribery since there was no explanation from the BIR that the presence of the accused in the hotel "was with imprimatur".
"There is also no written statement attaching any rule or guideline by the BIR that the cases filed against Delibo may be the subject of a compromise settlement," the fiscal said in his resolution.
Orallo was arrested by elements of the regional Criminal Investigation and Detection Group (CIDG) at 12:30 p.m. on September 27 at the lobby of Apo View Hotel.
A chemistry report prepared by Supt. Liny Corpuz of the Crime Laboratory showed that the right pocket of the pants of Orallo tested positive for the presence of fluorescent powder, but it never mentioned of its presence on his hands.
Sencio, in his resolution, said Orallo admitted that he was there upon invitation of a certain lawyer Roxan Apostol for the purpose of the payment of the "compromise penalty" of the complainant.
Apostol asked him to be there so that it would be him who would explain to Delibo about the payment of the compromise penalty.
Orallo told Sencio that his higher officials were aware of his presence there.
Orallo also claimed he had fluorescent powder on his right pocket because the complainant, who was seated on his right side, tried to shove the "grease money" into his pocket despite his attempt to ward off Delibo's hand.
Sencio recommended a P12,000 bail for the respondent's temporary liberty. Orallo was released from detention on September 28 after the Regional Trial Court Branch 16 granted his lawyers' motion to allow him to post P100,000 bail.
Published in the Sun.Star Davao newspaper on October 08, 2012.