Friday, January 26, 2007 Fiscals to inhibit in sedition case By Jay Dooma Balnig
THE Iloilo City Prosecutors Office inhibited itself from the Provincial Capitol siege and decided to let the Office of the Ombudsman Visayas handle it.
In a letter forwarded to both parties, City Prosecutor Efrain Baldago stated, "Upon initial evaluation of the nature of the above-cited complaint dated Jan. 18, 2007 (which incidentally involved at least two high ranking public officials, namely, Governor Niel Tupas Sr. and Provincial Board Member Niel Tupas Jr. who occupy positions classified as grade 27 or higher, thus cognizable by the Sandiganbayan as provided for in Presidential Decree (PD) 1606 as amended by Republic Act (RA) 7975 and RA 8249) coupled with the letter-request for inhibition filed by the respondents thru counsel last January 22, 2007, and so as far to ensure impartiality and remove any public perception of bias on our part as Deputized Ombudsman Prosecutors, the undersigned city prosecutor deems it most appropriate to inhibit the entire Iloilo City Prosecutor’s Office from conducting the preliminary investigation itself."
Baldago added, "Not being an inquest case, we are therefore forwarding the records of this complaint to the Office of the Deputy Ombudsman for the Visayas conformably with the Rules of Procedure of the Office of the Ombudsman for further evaluation and conduct of preliminary investigation as that office may deem necessary."
The inhibition was decided by Baldago after the counsel of the accused, the two Tupases, Provincial Administrator Manuel Mejorada and Iloilo Rehabilitation Center Jail Warden Juan Mabugat, sought the inhibition of the fiscals' office under the Department of Justice.
Defense counsel Hector Teodosio, in the inhibition request, stated that the justice department might influence or treat with unfairness the said case after Justice Secretary Raul Gonzalez Sr., in a radio interview, said that sedition be filed against Tupas and others.
The remarks allegedly done during the peak of Department of Interior and Local Government's effort to drive Tupas away from his office through a dismissal order from the Ombudsman in connection to the graft charges.
