3 BACOLOD PROSECUTORS FACING RAPS TRANSFERRED

'Let Cops Who Bungled Drug Cases Suffer'

Three Bacolod prosecutors, accused of allegedly bungling drug cases,
have been transferred out of the City Prosecution Office effective
immediately, pending investigation of administrative complaints
against them.

Regional State Prosecutor Domingo Laurea ordered the transfer of
Bacolod City Prosecutor Augustus Rallos to the Negros Occidental
Provincial Prosecution Office, First Assistant Bacolod City Prosecutor
Jesus Ocdinaria to the Sagay City Prosecution Office and Third
Assistant Bacolod City Prosecutor Ronald Yngson to the Kabankalan City
Prosecution Office.

All three have repeatedly denied having committed any
wrongdoing.

Laurea issued the order Friday, anticipating the return of Rallos,
Ocdinaria and Yngson to their posts today when a 30-day leave order
issued to them by Justice Secretary Raul Gonzalez is to end.

Rallos said he welcomed Laurea's order so that, in the interest of
public service, he can return to work. He maintained that he is
innocent of the charges lodged against him.

Laurea said Rallos, Ocdinaria and Yngson are ordered to remain at
their new posts until such time that the investigations of the
administrative complaints against them are terminated.

Supt. Rolen Balquin, head of the Philippine Drug Enforcement Agency in
Western Visayas, last week filed criminal and administrative
complaints against Rallos, Ocdinaria and Yngson before the Office of
the Ombudsman in the Visayas for allegedly "willfully and deliberately
bungling" the prosecution of three drug cases.

Rallos and Ocdinaria are also facing complaints filed by their
colleagues, Assistant Prosecutors Abraham Bayona, Rosanna
Saril-Toledano and Eduardo Bayona, for their handling of drug cases at
the Bacolod City Prosecution Office.

Suspension Sought

Bayona, Toledano and Sayson on July 27 wrote to Gonzalez through the
investigating panel headed by Laurea asking that preventive suspension
orders be issued against Rallos and Ocdinaria who are facing
administrative charges for dishonesty, grave misconduct and graft and
corruption.

They said Arlene Catherine Dato, whom Gonzalez assigned as OIC Bacolod
City Prosecutor, has done a good job of transforming their office into
a "corruption-free environment" and "deserves our utmost respect and
obedience."

Meanwhile, they said the evidence, well-documented circumstances and
the seriousness of the charges that merit the penalty of dismissal,
may now be sufficiently strong to justify the issuance of preventive
suspension orders against Rallos and Ocdinaria during the pendency of
the investigation.

Executive Order 292 of the Administrative Code of 1987 states that the
proper disciplining authority may preventively suspend any subordinate
officer or employee under his authority pending an investigation, if
the charges involve dishonesty, oppression or grave misconduct, or
neglect in the performance of duty, the complaining prosecutors said.

They said preventive suspension is also allowed under Civil Service
Commission rules.

Bungled Cases

The complaining prosecutors also pointed out that in the complaints
filed by the PDEA, Rallos, Ocdinaria and Yngson bungled drug cases
when they deliberately dismissed in court without justifiable cause
three non-bailable drug offenses involving selling of shabu that are
punishable with life imprisonment to death.

They also ignored DOJ Circular No. 46 mandating the automatic review
of dismissed cases by the regional state prosecutors, the complainants
said.

"They were more concerned with allowing capital drug offenders go
scot-free from jail with the quickness and lightning dispatch by which
they filed the motions to dismiss or withdraw information in the drugs
court," the complainants added.

All these dismissed non-bailable drug cases were not forwarded to
Laurea until we filed administrative complaints against Rallos and
Ocdinaria and "exposed the rampant corruption and their irregular
dismissal of drug cases," the complaining prosecutors also said.

Rallos only forwarded the case folders to Laurea when he was directed
to do so or his attention was called on the highly irregular handling
of the cases, they said.

The three dismissed cases questioned by the PDEA were later reversed
by the Regional State Prosecutor and refiled in court, but by then the
accused had been freed, the complaining prosecutors said.

The complaining prosecutors told Gonzalez that clear evidence "that
these irregularly dismissed cases were sold for a price" is provided
by witness Aida Ponteros who surfaced after she and her son, Edgardo
Pontero paid P30,000 for his release from a police lockup cell on Dec.
23, 2004.

After we filed our administrative complaint and exposed our superiors
on April 23, 2005 a "curative" resolution was rendered by our
superiors charging Edgar Pontero in court, Bayona, Sayson and Toledano
said.

Pontero was soon arrested and, feeling double-crossed, Mrs. Pontero
came out and divulged this corruption in her affidavit dated June 26,
2005, they added.