Friday, February 15, 2008
Byron questions ruling on charges
THE Capitol’s security consultant is questioning a prosecutor’s resolution that could lead to the dismissal of the robbery and attempted robbery charges he filed against a human rights lawyer.
The sudden twist in the case came after Cebu City Prosecutor Nicolas Sellon downgraded the robbery and attempted cases against lawyer Rex Fernandez to grave threats. It is now pending before Municipal Trial Court Branch 8 Judge Edgemelo Rosales.
In his three-page resolution dated Jan. 29, Sellon ruled that the downgrading of the cases was “more correct” since “the threat was apparently made with condition or that there was a demand for money and other considerations.”
Citing Article 282 of the Revised Penal Code, the fiscal said it was only proper to downgrade Byron’s complaint against Fernandez.
The case stemmed from the robbery and attempted robbery cases filed by Byron, brother of Cebu Gov. Gwendolyn Garcia, against Fernandez and a colleague, lawyer Noemi Abarientos, last April 26, 2007.
Byron said the two lawyers extorted P100,000 from him “through intimidation and threats.”
Ruling
Byron decried Sellon’s ruling, calling it a “moro-moro” decision. He said that the prosecutor committed “obstruction of justice” and showed “ignorance of the law” in issuing what he considered an erroneous ruling.
“Wait until you become a judge. Apply for the position (of a judge) and do not act as a judge (now),” Byron said yesterday.
Byron had claimed he received a call from someone who identified himself as a member of the New People’s Army (NPA) in February 2005. The person allegedly told him to contact Fernandez to avoid acts of violence against him and his family.
Byron said he called up Fernandez and discussed how to settle the issue.
Fernandez, according to Byron, told him to prepare a “token of donation” to their group and let them handle the catering services inside the Cebu Provincial Detention and Rehabilitation Center (CPDRC). Byron said Fernandez even asked for an M-16 rifle as his fee.
Byron also alleged that he had met Fernandez and handed over him P50,000 as donation few days after.
During the meeting, Fernandez allegedly demanded for certain inmate privileges. Fernandez also allegedly asked Byron to issue a public apology for preventing Abarientos from visiting her client, Edgardo Sacamay, sometime in 2004.
Byron said that some days later, Fernandez allegedly informed him of the NPA’s updated demands, which included five M16 Armalite rifles, five M14 rifles, night vision equipment, a sniper’s scope and P500,000.
While Fernandez admitted that he received the P50,000 from Byron, he insisted that it was the Capitol consultant who wanted to have contacts with the rebel group for security reasons.
While it was right to say that Byron suffered threats and intimidation from a caller who claimed to be a rebel, Sellon argued that they (the handling prosecutor and reviewing officer) “...differed in pinpointing criminal responsibility.”
The prosecutor recommended for the dismissal of the case, but the reviewing officer ruled to indict Fernandez.
“In contrast, the reviewing officer in effect held that there is conspiracy between them as shown by the fact that, after that telephone call, (respondent Rex) Fernandez met and talked with the (private) complainant on different dates regarding the demands made by that telephone caller,” Sellon said in his ruling.
As to the allegation that Fernandez committed grave threats in February 2005, when the telephone call was made, the prosecutor said “there is no evidence at all to prove” that the accused “directly or indirectly participated, or conspired with the caller, in the perpetration of the crime.”
Liable
But Sellon clarified that Fernandez still could be held liable for violation of Article 19 of the Revised Penal Code, for assisting the telephone caller who claimed to be a rebel and profiting from such an unlawful transaction.
Byron said that Sellon was merely afraid of the rebels and so issued a ruling favorable to Fernandez. He also said he will seek legal advice from his father, Rep. Pablo Garcia (Cebu Province, 2nd district) and his younger brother, Rep. Pablo John Garcia, (Cebu Province, 3rd district).
Byron said he wanted a House inquiry on the matter to divulge irregularities in the issuance of resolutions. (GMD)
For Bisaya stories from Cebu. Click here. (February 15, 2008 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here.
|
