Fiscals warned: Present witnessor lose chance

CEBU, Philippines - Prosecutors in the case against a jail guard who allegedly stole sacks of NFA rice may no longer be allowed to present witnesses if they still fail to do so in the next hearing of the case.

Judge Sylva Paderanga of RTC Branch 16 issued the warning yesterday after the prosecution’s witness, Marivic Garces, the chief of the Provincial Social Welfare and Development Office (PSWDO), failed to attend the hearing.

Lawyer James Lobedica, counsel of Cebu Provincial Detention and Rehabilitation Center (CPDRC) jail guard Antonieto Babor, said it was the third or fourth time that the prosecution failed to present its witness.

He said the defense will ask the court to dismiss the case if the prosecution still fails to present a witness on November 8, 2012, the next hearing date.

Garces was supposed to be the prosecution’s first witness. State Prosecutor Gandhi Truya assured they will present another witness.

Paderanga said the hearing on November 8 will be the prosecution’s last chance.

Babor was accused of stealing 35 sacks of NFA rice worth P47,000 from the house van at CPDRC. He was charged for qualified theft.

It was Garces who served as the public complainant.

Last year, Babor pleaded not guilty to the crime. He was earlier suspended for six months pending investigation of the administrative case, but was able to go back to work after serving his suspension.

Garces said earlier that they usually kept the rice supply inside the house van at CPDRC.

The sacks of rice are meant to be distributed to victims of disasters and as assistance to indigents.

She said any withdrawal of rice from the stocks would need her approval through a withdrawal slip bearing her signature.

At that time, Babor was assigned as custodian of the stocks of rice.

It was on April 25, 2011 when Babor allegedly withdrew the 35 sacks of rice from the van without Garces’ approval. — Mylen P. Manto/JMO(FREEMANNEWS)