CEBU, Philippines - The National President of the Prosecutors’ League of the Philippines (PLP) may have to decide whether or not Regional State Prosecutor Fernando Gubalane may receive monthly allowances from the Local Government Units (LGUs).
In a letter dated July 29, 2011, some “concerned prosecutors” in the Visayas asked (PLP) President Jonathan Lledo to make a decision on the allowances allegedly received by Gubalane from LGUs in Central Visayas.
The letter addressed to Fiscal Lledo thru Cebu City Assistant Prosecutor Mary Ann Castro asked for their officers’ stand and corresponding actions on the matter.
“To protect therefore our league’s image and from probable demoralization within the league, it is imperative that our esteemed officers take a definite stand and corresponding action against these seeming transgressions,” letter reads.
Castro, vice-president of the PLP Visayas said they will meet and discuss the issue. She added they might issue a resolution about it.
The letter stated that under the Local Government Code, only prosecutors who are stationed or detailed in a local government unit may be entitled to monthly allowances.
“We can, however, attest to the fact that the RSP and his assistant are receiving monthly allowances from said towns and cities,” letter reads.
The letter was unsigned by the supposed concerned prosecutors; however Castro affixed her signature indicating she received the letter on August 5 through e-mail.
Castro then wrote Deputy Ombudsman for the Visayas Pelagio Apostol upon receiving the letter and submitted it to the Office of the Ombudsman for consolidation with the previous charges filed by Brenda Tan against Gubalane.
However, Gubalane told The FREEMAN yesterday that the issue raised in the letter by the unknown concerned prosecutors is the same as the case filed by Tan which is still pending before the Office of the Ombudsman.
To recall, Tan filed anti-graft and grave misconduct charges against Gubalane for allegedly receiving allowances from six LGUs composed of Cebu City, Cebu Province, Mandaue City, Bogo City, Danao City and Talisay City.
In Tan’s complaint, she said the monthly allowances that the regional state prosecutor receives exceed the P35,000-ceiling provided by law and that Gubalane receives a total of P92,400 in monthly allowances.
Also named respondents were the budget officers and treasurers of the Cebu Province and the Cities of Cebu, Mandaue, Talisay, Danao and Bogo.
Gubalane denied Tan’s allegations saying the allowances he receives are legal and allowed by the Local Government Code, City ordinance and Section 16 of RA 10071 otherwise known as the Prosecution Service Act of 2010. He clarified he only received P34,000 as monthly allowance from Local Government Units and the national government.
Gubalane filed counter-charges against Tan for perjury before the Office of the Cebu Provincial Prosecutor. — (FREEMAN)