MANIKAN'S PILFERAGE CASE
Lawyer might face admin rap for failure to show evidence

By Maricar M. Calubiran

Administrative sanctions should be handed against lawyer Reynaldo Sonalan for his failure to present evidence before the court against former City Treasurer Romeo Manikan in a case for anti-pilferage filed by the city government.

This was the opinion of City Legal Officer Atty. Edgar Gil on the decision rendered by Judge Cedrick Q. Ruiz, Branch 39 of the Iloilo Regional Trial Court on the case filed by the city government against Manikan for violation of Section 2 (B) of Republic Act 7832 or Anti-Electricity Pilferage Act.

Manikan along with Concepcion Barangay Capt. Roy Bercelis, Rosario Priolo, Cynthia Elon, Rey Esteves, Norly Otocan, Laarni Avelino, Henry Romero and Tomas Catahay were caught by the task force having electrical connections from their houses to the city street lights and barangay center last August 8, 2001. The team composed of Joel Umetin liason officer; Joven Cadiz casual electrician; Manuel Lobaton electrician II; Manuel Pedregosa engineer I; Neil Bayena engineer I and police personnel from police precinct 1 recovered several meters of electrical wires and crocodile clips during the inspection.

Judge Ruiz dismissed the case against Manikan for 'insufficiency' of evidence. The court's decision dated May 10, 2005 is also in relation to the motion to close prosecution evidence filed by Manikan on March 28, 2005.

The court resolution also said the prosecution was given 15 days to offer in evidence all its object and documentary evidence. The period began on March 3, 2005 and ended on March 18, 2005. However, the period had already expired and Sonalan failed to present any evidence.

“The prosecution has been afforded much leeway by the Court to formally offer in evidence its documentary and object exhibits but to no avail. It simply and incredulously refused to perform its mandated task. Needless to say, without prosecution's exhibits being formally offered in evidence, so that they could be appreciated by the Court, the prosecution's case has irretrievably tumbled like a deck of cards, so to speak. A fortiori, there is no more case against the accused and, ergo, the indictment against him must be dismissed as tacitly allowed by Section 23 of the Rule 119 of the Revised Penal Code.”

Section 23 is the rule on demurrer to evidence. It explicitly states that after the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence on its own initiative after giving the prosecution the opportunity to be heard.

Gil said if the evidence strongly points that the recovered evidence against Manikan was kept by Sonalan then he should answer for it. It was Sonalan who acted as counsel for the city government and the Task Force Boltahe of the City Engineers office in the case filed against Manikan. The Task Force Boltahe was then headed by retired Engr. Dan Caipang. He was replaced by Engr. Manuel Pedregosa.

However, the decision to impose any penalty against Sonalan depends on Mayor Jerry Treñas. The CLO is under the chief executive, said Gil.

The CLO chief added that he could not give further comment on the case since he was not yet connected with the legal office at the time of the investigation and the filing of the case. “I was only informed on the dismissal of the case and not on the full details of the case against Manikan,” said Gil.

On the other hand, both Sonalan and Treñas were not available for comment. While, City Engineer Marito Amatorio refused to give comments on the dismissal of the case. Amatorio said it was former City Engineer Edwin Bravo who supervised the task force and he has nothing to do about it.

The filing of the case against Manikan against eight other residents of Barangay Concepcion, City Proper stemmed from the investigation conducted by the City Legal Office (CLO) then headed by Atty. Cirilo Ganzon. The CLO's investigation was also in response to a resolution passed by the city council to probe the alleged pilferage of electricity. It was Atty. Milagros Hechanova who led the investigation against Manikan.

In the course of the investigation at the CLO, the Task Force Boltahe presented electrical wires and crocodile clips among others as evidences against Manikan and his eight neighbors. Finding prima facie evidence, the CLO then recommended the filing of the case against Manikan and his neighbors.