Allowance of 4 more fiscals withheld

CEBU, Philippines – The Department of Justice (DOJ) withheld the allowance of four prosecutors in Cebu and Negros Oriental for their failure to resolve the cases assigned to them within the time mandated by law.

Prosecutors have 60 days within which to resolve cases.

Regional State Prosecutor Fernando Gubalane confirmed the information, saying the DOJ made the decision after he sent the department a letter to withhold the allow-ance of the prosecutors.

Gubalane, however, refused to name the four, but said their allowance will be issued retroactively once they can resolve the cases. He said that once the prosecutors resolve the cases, they will have to submit an inventory of the cases they are handling.

One of the four prosecutors is assigned in Cebu City while the other three are assigned in Negros Oriental.

Gubalane warned that those who will commit the same oversight in the future may face possible administrative sanctions. In fact, he said, the withholding of the allow-ance is an "initial move to suspension."

Meanwhile, Gubalane said that the prosecutor in Toledo City whose allowance were also withdrawn for his failure to resolve 23 cases assigned him finally managed to resolve the cases recently.

Gubalane said he is just waiting for copies of the resolutions and the inventory of the pending cases as proof.

Gubalane, who used to be assigned at the Cebu City Prosecutor's Office, admitted there are instances when the 60-day timeframe is extended, especially if the prosecu-tor needs to evaluate the case further, but a valid reason must be provided to merit the extension.

He said that if no valid reason is given, he will not hesitate to write the DOJ to withhold the allowance of the prosecutor(s) concerned.

The 60-day period is given to prosecutors who handle complaints that undergo a preliminary investigation, a procedure wherein the respondents are given a chance to submit their counter-affidavit to refute the allegations against them.

Within this period, prosecutors will determine if there is probable cause to merit the filing of a formal case in court. Should there be done, a complaint is recommended for dismissal.

Prosecutor receive a monthly allowance of P13,000 from the DOJ on top of their salary.

Gubalane disclosed that just recently, he also wrote DOJ and recommended that the allowance of a prosecutor assigned at the provincial prosecutor's office be withheld for his failure to resolve cases within 60 days.  (FREEMAN)