Thursday, December 27, 2007 Court hears lawyer’s plea v. Baldago’s authority By Jay Dooma Balnig
THE case that is hoped to name the real Iloilo City chief prosecutor will be heard Friday.
Judge Ma. Elena Opinion of the Regional Trial Court (RTC) Branch 27 set the hearing Friday on Atty. Joseph Vincent Go's motion to quash charges against his client citing Prosecutor Efrain Baldago’s lack of authority to approve such.
Go asked that the RTC Branch, a family court, nullify the two counts of rape information filed by the Iloilo City Prosecutor's Office (ICPO) last December 13.
The information filed by a minor was approved by Baldago during the said day, which was the time the prosecutor’s office had a new chief, Peter Baliao, according to Go.
Go insisted to the court that it was already Baliao serving as the new chief prosecutor after Department of Justice (DOJ) Secretary Raul Gonzalez Sr. installed him through a memorandum dated December 7, 2007.
He said that if the court admits the information, then the rape case will stay but it would also mean that Baldago is the real chief prosecutor. But in the event that Opinion grants his motion, the case will be submitted back to the prosecutor’s office for a reinvestigation.
Aside from the motion to quash the information, Go also asked that the rape allegation be re-investigated in the prosecutor level.
Lim was already released from detention last Monday after Judge Edgar Catilo of RTC Branch 23 granted the writ of habeas corpus filed by Go against the arresting policemen.
Go said the police illegally arrested his client who does not have any knowledge about the status of the rape case filed.
