In a memorandum dated June 8, Justice Secretary Raul Gonzales ordered the reassignment of Isabela provincial prosecutor Anthony Foz, citing the "exigency of public service" as legal basis for the move.
Foz was designated as officer-in-charge of the Cauayan City prosecutor’s office, replacing city prosecutor Rudy Cabrera.
However, Foz, a close relative of former Sen. Heherson Alvarez, refused to assume his new position, saying that he would instead question the legality of Gonzales’ order in the Supreme Court via a petition for certiorari.
The STAR learned that some members of the provincial chapter of the Integrated Bar of the Philippines (IBP) have volunteered their services to prepare the petition questioning Foz’s relief in the Supreme Court.
Assistant provincial prosecutor Franklin Pagurayan, a prodigy of former Justice Secretary Silvestre Bello III, has declined to take over as officer-in-charge of the provincial prosecutor’s office, saying he would wait for "further instructions." He did not elaborate.
"Regional, provincial and city prosecutors and their assistants are presidential appointees whose tenure and official stations are specified in their appointments signed by the President and, as such, are duly protected by the due process clause of the Constitution, the Civil Service Law and Supreme Court decisions on the matter," stated a resolution signed by the provincial prosecutors of Cagayan, Nueva Vizcaya, Quirino, Isabela, Ifugao, and Apayao and the city prosecutors of Santiago and Cauayan, both in Isabela, and Tuguegarao in Cagayan.
Those who signed the resolution included regional state prosecutor Rommel Baligod, city prosecutors Rudy Cabrera (Cauayan City), Moises Aquino (Santiago City), Emerito Quilang (Tuguegarao City), and provincial prosecutors Amador Arao (Cagayan), Celerino Jandoc (Nueva Vizcaya), Anthony Foz (Isabela), Ferdinand Orias (Quirino), Joseph Tumapang (Ifugao), and Rufino Lampitoc (Apayao).
Foz’s relief, they claimed, was "instigated or solicited by certain unscrupulous and vindictive politicians or their patrons" but whom they did not name.
Well-placed sources in the Department of Justice told The STAR that as early as March this year, Isabela Gov. Grace Padaca, second district Rep. Edwin Uy and fourth district Rep. Anthony Miranda had allegedly been lobbying for the relief of Foz as provincial prosecutor.
"Such illegal and unwarranted intrusion into the rights of the prosecutors, if not abated, would cause unnecessary damage and prejudice to their rights to their offices," the resolution stated.
The prosecutors warned that the politicians’ illegal and unwarranted intrusion "has been adversely affecting their independence, capacity and effectiveness in the administration of justice."
State prosecutors, they insisted, should be duly protected and insulated from the whims and caprices of politicians and their patrons, and be protected from harassment and unfounded charges.
Appealing for due process, the prosecutors urged Gonzales to extend to them, at all times, the opportunity to perform their tasks free from unwarranted pressures and from the whims and biddings of politicians and political pressures.