A CRIMINAL Investigation and Detection Group (CIDG) 7 officer will have to answer why he should not be suspended while facing trial for direct bribery.
Ombudsman-Prosecutor Eduardo Kangleon and private prosecutor Gloria Lastimosa-Dalawampu earlier filed a motion for issuance of preventive suspension against SPO4 Reynaldo Matillano, before then Presiding Judge Simeon Dumdum of Regional Trial Court Branch 7.
Dumdum inhibited himself from hearing the case because he and Matillano once co-sponsored a baptism of a child of their common friend.
Submitted
The case is now with RTC Judge Bienvenido Saniel of Branch 20 who ordered Matillano to comment on the motion to have him suspended from government service.
Aside from this, Saniel also has to rule on whether the Cebu City RTC has jurisdiction over the direct bribery case against Matillano.
Dumdum earlier ordered both the prosecution and the defense to submit position papers or memoranda on their respective stand on the jurisdiction issue.
“The honorable court has no jurisdiction over the case as the alleged crime was committed in Mandaue City as admitted and candidly proposed for admission by the prosecution during the pre-trial,” read Matillano’s memorandum, prepared by former defense lawyer Enrique Lacerna.
Matillano was arrested in an entrapment operation by the National Bureau of Investigation (NBI) 7 for allegedly extorting P15,000 from Engr. Ronnie Hernani last March 9, when the latter was arrested for illegal possession of firearms.
Money
The money was meant for CIDG 7 to drop the case against Hernani.
But the prosecution believes that the alleged bribery happened in Cebu City, specifically at the Marcelo Fernan Palace of Justice, where the negotiation reportedly took place between Matillano and Hernani.
“Bribery was committed in Cebu City because it is the place where the agreement was made. The entrapment operation is only evidence to prove that indeed there was bribery,” read the prosecution’s position. (JGA)
