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Sandigan convicts ex-parole chief

- Edu Punay -

The Sandiganbayan has convicted the former head of the Parole and Probation Administration (PPA) who helped the mayor of Dapitan City in Zamboanga del Norte evade arrest and fulfill the conditions of his probation.

The anti-graft court’s First Division found former PPA chief Gregorio Bacolod guilty of graft and falsification of public document for certifying that Mayor Dominador Jalosjos Jr. had completed the terms and conditions of his probation in 2003.

Bacolod violated Republic Act 3019 (Anti-Graft and Corrupt Practices Act) and Article 171 of the Revised Penal Code (falsification of public document) when he issued a certification dated Dec. 19, 2003, stating that Jalosjos had fulfilled the terms and conditions of his probation and that his case “is deemed terminated,” the First Division said in a 36-page decision last Monday.

The division, chaired by Presiding Justice Diosdado Peralta, sentenced Bacolod to a jail term of six years and one month to 10 years and perpetual disqualification from public office for the graft charges.

As for the falsification charges, Bacolod was meted a jail term of two years, four months and one day to a maximum of eight years, and was also ordered to pay a fine of P2,000.

Court records showed that Bacolod submitted a motion for revocation of probation on Aug. 8, 1986 before the Cebu City regional trial court, saying that Jalosjos never reported to the Cebu City Parole and Probation Office.

On the basis of this motion, the Cebu RTC issued an order dated March 19, 1987, revoking the probation of Jalosjos and ordering his arrest.

However, the arrest warrant was not carried out even after a lapse of more than 16 years.

The local court then issued an alias warrant of arrest against Jalosjos in January 2004, upon the motion of the Cebu City prosecutor’s office.

But in the same month, Bacolod submitted a termination report before the court, claiming that Jalosjos had fulfilled the terms and conditions of his probation and that “his case is deemed terminated.”

On that same day, Jalosjos filed before the same court an urgent motion to lift the arrest warrant against him on the basis of Bacolod’s certification and termination report.

This prompted the Cebu City RTC to issue an order on Feb. 5, 2004 declaring that Jalosjos had duly complied with the order of probation, setting aside its order on Jan. 16, 2004, and recalling the warrant of arrest against him.

But the Sandiganbayan ruled that Bacolod’s declaration in his December 2003 certification that Jalosjos had fulfilled the terms and conditions of his probation was false.

The anti-graft court said there was no more probation to be fulfilled after March 19, 1987, as the probation had already been revoked.

In its ruling, the anti-graft court though did not give more details on the case of Jalosjos in which he availed himself of probation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT

BACOLOD

BUT THE SANDIGANBAYAN

CEBU CITY

CEBU CITY PAROLE AND PROBATION OFFICE

COURT

DAPITAN CITY

FIRST DIVISION

GREGORIO BACOLOD

JALOSJOS

PROBATION

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