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DENR asks DOJ chief: Don't take out Rabe
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Firm insists: Council was informed

Monday, November 24, 2003
DENR asks DOJ chief: Don't take out Rabe
By Avelyn Z. Agudon

THE Department of Environment and Natural Resources (DENR) appealed to Justice Sec. Simeon Datumanong to allow State Prosecutor Isagani Rabe to issue the resolution on the illegal logging charges filed against Don Salvador Benedicto officials.

Lawyer Virgilia Dioquino, counsel for the DENR, said it is "unfair" that another preliminary investigation will be conducted after Datumanong designated City Prosecutor Ocdinaria to replace Rabe.

Dioquino said the preliminary investigation on the illegal logging case is already closed and Rabe was supposed to already issue his resolution if not of Datumanong's order.

According to Datumanong, Rabe was replaced because of an urgent petition that the state prosecutor is "biased", among others.

Dioquino, however, earlier pointed out that it is not within Ocdinaria's jurisdiction to hear provincial cases because he is assigned at the City Prosecutor's Office (CPO).

She added that Datumanong failed to notify Rabe of the petition and was not even aware that Judge Ramon Delariarte of the Regional Trial Court Branch 49 dismissed the motion for inhibition which the illegal logging respondents, specifically Mayor Cynthia de la Cruz, her husband and former town mayor, Nehemias, Councilor David Pontillano, Barangay Bagong Silang village head Vicente "Oti" Bacordo and 15 others filed against Rabe.

Mum

Dioquino, on the other hand, refused to name the "big fishes" she alleged as behind Rabe's replacement despite Gov. Joseph Marañon's challenged her to identify them.

"(I) don't have to drop names," Dioquino said.

Marañon earlier dared Dioquino to "name names" for him to confront them.

(November 24, 2003 issue)
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