Complaints vs Durano filed in court

CEBU, Philippines - The Danao City Prosecutor’s Office has recommended the filing of charges against former Danao mayor Jesus “Don” Durano for alleged falsification of his personal data sheet when he applied for the position of city administrator.

Acting Danao City Prosecutor Rodulfo Joseph Val Carrillo, in his three-page resolution dated October 11, 2011, made the recommendation based on the complaints filed by Don’s brother, Vice Mayor Ramon “Nito” Durano III.

Vice Mayor Durano filed a complaint for perjury against his brother Don Durano. Subpoena was served to Don Durano on September 16, 2011, but he failed to answer the complaint filed against him.

Don Durano was appointed as Danao City Administrator on April 18, 2011.

Records showed that as a requirement for his appointment, Don Durano prepared a Personal Data Sheet which stated that he was not facing any criminal cases in court.

However, at the time the PDS was prepared, Don was facing criminal cases before the Danao City Municipal Trial Court for grave coercion, violation of Presidential Decree 1829 and resistance and disobedience to a person in authority. These were docketed as Criminal Case Nos. 11363, 11364 and 11365.

The evidence submitted, according to the resolution, establishes that Don Durano prepared a PDS on April 18, 2011.

Item 37 (a) of the PDS asks the question: “Have you ever been formally charged?” Durano checked the box for the “no” answer.

However, a certification dated May 10, 2011 indicates that Don Durano is facing three criminal cases before the Danao City Municipal Trial Court in Cities.

The City Prosecutor said that an essential element of perjury is that the statement or affidavit be made before a competent officer authorized to receive and administer oaths. There is no indication that the PDS was made before such officer, it stated.

However, by making a false narration of facts in a document where he had a legal obligation to disclose a particular fact, the respondent committed falsification, according to the resolution.

The appointment of Don Durano as city administrator has been forwarded by his brother, Mayor Ramon “Boy” Durano Jr., to the city council for concurrence.

But the city council led by their brother Vice Mayor Nito Durano rejected the appointment of Don.

The falling out of relationship among the Durano brothers had earlier led to the filing of separate petitions for recall. (FREEMAN)