City fiscal may lose allowance for tardiness

CEBU, Philippines – After the Department of Justice suspended the allowances of two prosecutors from Toledo City and three from Negros Oriental, another prosecutor from the Cebu City Prosecutor’s Office may also lose the same incentive in the coming future.

Regional State Prosecutor Fernando Gubalani said he is just waiting for the decision of the DOJ on his request to withhold the allowance of the tardy court official.

To recall, Gubalani has also endorsed earlier a letter to the DOJ for the suspension of the allowances of the prosecutors from Toledo and Negros Oriental which was granted and recently implemented.

Now, Gubalani is just waiting for the order coming from the DOJ on his endorsement for the withholding of allowances of a prosecutor from the Cebu City Prosecutor’s Office.

The prosecutor, who Gubalani refused to name, will not be able to claim his/her monthly allowance from the DOJ unless he/she resolves the case he/she handles.   If the subject prosecutor still fails to comply with the law, Gubalani said he will already recommend the filing of administrative complaint against the prosecutor.

Prosecutors have 60 days to resolve the cases under preliminary investigation, a procedure in which the respondents are given chance to submit their counter-affidavit to deny the allegations against them.

The prosecutor receives a monthly allowance of P13, 000 more or less. Gubalani added that the salaries will vary also depending on the rank of a prosecutor.

Gubalani admitted that there are prosecutors who exceeded the timeframe and they give extension in the evaluation of the case. But then, if there is no valid reason why the prosecutor did not resolve the case within the timeframe Gubalani will immediately endorse a letter to the DOJ to withhold the allowance of the prosecutor.

 “With this directive shall be grounds for the withholding of allowances without prejudice to the administrative disciplinary sanctions that may be imposed whenever appropriate,” said a rule made by then Department of Justice acting secretary Silvestre Bello, dated February 6, 1998.

Meanwhile, with regards to the increase in the allowances of prosecutors that was mentioned by Mayor Michael Rama, Gubalani said he could not impose on how much the City Hall will give them.

“The prosecutors who has a wide experience in prosecuting cases should be retained and one way to retain them as fiscals of Cebu City Prosecutor’s Office is, ang pag-increase sa ilang allowances,” Gubalani said. (THE FREEMAN)