Gubalane faces raps for "illegal" monthly allowances

CEBU, Philippines - Regional State Prosecutor Fernando Gubalane faces a complaint before the Office of the Ombudsman-Visayas for his alleged illegal collection of monthly allowances.

Brenda P. Tan of Sitio Butterfly, Barangay Babag I, Lapu-Lapu City filed a complaint against him for violation of the Anti-Graft and Corrupt Practices Act and grave misconduct.

However, according to Gubalane the allowances are legal and allowed by Local Government Code, City Ordinance and Section 16 of RA 10071. He added he will be filing perjury cases against Mrs. Tan.

Tan, in her complaint, said she wants Gubalane to end his “inconceivable corruption for illegally receiving monthly allowances from government units and the National Government.”

“He has received and amassed quite a huge amount, hence, he has already violated the graft law,” Tan’s complaint reads.

Also named respondents are the budget officers and treasurers of Cebu Province and the Cities of Talisay, Cebu, Mandaue, Danao and Bogo.

Tan said Gubalane receives monthly allowances that exceeds the P35,000-ceiling provided by law.

She cited Section 16 of Republic Act 10071 that states the provincial and city prosecutors and their assistants shall receive their monthly stipend from their respective local government units (LGUs) in the amount not exceeding 50 percent of their basic salaries.

However, Tan claimed, Gubalane who has a salary grade of 30, is receiving monthly salary of about P71, 500.

“Thus, Gubalane is entitled only to P35, 750-monthly stipend which is equivalent to half of his monthly salary,” Tan said.

Tan added that Gubalane is receiving a total of P41,500-monthly allowances from the six LGUs. These are Cebu City, (P12, 000); Cebu province, (12, 000); Mandaue City, (P10, 000); Talisay City, (P3,500); Bogo City, (P2, 000); and Danao City, (P2, 000).

Aside from the six LGUs, Tan claimed that Gubalane is receiving monthly allowances from the National Government amounting to P30,900.

The P30,900 includes representation and travel allowance, (P17, 400); personal economic relief allowance (Pera), (P2, 000); inquest allowance, (P1, 200); special allowance, (P5, 300); and witness protection program, (P5,000).

Tan likewise alleged that Gubalane is getting “P20 monthly allowance in staggered basis from the Anti-Human Trafficking Task Force.”

Tan said that if added, Gubalane is receiving a total of P92,400 monthly allowances from LGUs and national government.

“Gubalane can never decide with impartiality and an unbiased mind on the cases lodged in his office simply because he is beholden to these LGUs,” Tan said.

Tan then asked the Office of the Ombudsman to issue a subpoena against the budget officers and treasurers of the LGUs and to submit the monthly vouchers received by Gubalane. — /JPM (FREEMAN)