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Friday, July 21, 2006
Tomas ‘must prove’ Jonah not fit for probation
Unless Cebu City Mayor Tomas Osmeña proves that Jonah John Rodriguez is not qualified to avail himself of probation, the Parole and Probation Administration (PPA) office will grant Rodriguez’s application.
PPA 7 Director Ofelia Quijano said there are rules and laws to follow and while it is normal for a complainant to oppose, it is his burden to substantiate his opposition and prove that the person is not worthy of probation.
“Let’s look at the objection, but usually the qualification prevails,” she said over radio dyLA.
Rodriguez said her office will conduct a post-sentence investigation, which is the process of checking Rodriguez’s qualification, as soon as she receives the order from the court.
Even Osmeña’s lawyer, Sisinio Andales, admitted that it is difficult to block Rodriguez’s application for a parole.
“It is Rodriguez’s right to avail of probation. If he has no previous conviction, we will have a hard time,” he said.
Section 8 and 9 of Presidential Decree 968 or the Adult Probation Law stipulate the disqualification of the applicant for a parole: a previous conviction; if his sentence exceeds six years; the offense is against the security of the state; the convict poses a risk to the community if released or is a drug dependent who needs institutionalized treatment.
Last Tuesday, Municipal Trial Court in Cities Branch 5 Judge Oscar Andrino found Rodriguez guilty of sending “nasty and threatening” text messages to the mayor’s wife, Cebu City First Lady Margot Osmeña.
Rodriguez was sentenced to six months in jail and was ordered to pay a P500 fine.
He was also ordered to pay Margot P200,000 in damages and P25,000 in attorneys’ fees.
It was the first criminal conviction involving text messages in Cebu.
Jonah, a staunch supporter of former mayor Alvin Garcia, political foe of Tomas, had pleaded not guilty during his arraignment in 2002.
But just last month, he withdrew the plea and admitted sending the text messages.
Andales said even blocking Rodriguez from going abroad is difficult for Osmeña because even with a conviction, Rodriguez can still travel overseas unless there is a hold-departure order issued against him.
“Rodriguez cannot work in the government because of his conviction but in private firms, only those who probably believe in Mayor Osmeña will not accept him (Jonah). But I rather want Rodriguez to have a job so Mayor Osme-ña can collect P200,000 damage claims,” he said. (AIV
For Bisaya stories from Cebu. Click here. (July 21, 2006 issue)
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