Probe Sonalan, JPT orders

By Maricar M. Calubiran

Iloilo City Mayor Jerry Treñas has ordered the City Legal Officer Edgar Gil to investigate lawyer Reynaldo Sonalan.

The order came after questions cropped up as to where the evidences are in the pilferage case against former City Treasurer Romeo Manikan and several others in Barangay Concepcion, City Proper. Sonalan took charge of the prosecution.

Judge Cedrick Ruiz, presiding judge of Regional Trial Court branch 39, dismissed the case for failure of Sonalan to present the evidence.

Treñas's order was in response to the pronouncement earlier made by Gil that only the mayor could order the Legal Office to probe Sonalan's lapses.

Gil hinted the possible imposition of an administrative sanction against Sonalan should evidence warrants. No time frame was set for the conduct of the investigation.

The chief executive said he will wait for Gil's recommendation before he will take any action.

“I will wait for the recommendation because it is not also good to give sanctions without having him (Sonalan) investigated,” said Treñas.

The City Prosecutor's Office authorized Sonalan, who is a member of the CLO, to prosecute in behalf of the City Government in the case for violation of Section 2 (B) of Republic Act 7832 or Anti-Electricity Pilferage Act against Manikan and eight other residents of Barangay Concepcion, City Proper.

City Hall's Task Force Boltahe discovered that Manikan and eight others were illegally tapping from the City's street lights during an inspection last August 8, 2001.

The same inspection was not recorded at the police station.

The court dismissed the case against Manikan for insufficiency of evidence. The dismissal of the case was attributed to the failure of Sonalan to present the evidence before the court. Sonalan was given by the court 15 days to present the evidence but to no avail. The same order was also given to Prosecutor Ofelia Artuz. However, Sonalan, being the private prosecutor of the case has the primarily obligation to present such evidence.

On the August 8,2001inspection, the task force recovered electrical lines. The same set of evidences was presented during the investigation at the City Legal Office which was then headed by Atty. Cirilo Ganzon. The investigation was led by Atty. Milagros Hechanova.

The investigation at the City Legal Office is an offshoot of a resolution passed by the Sangguniang Panlungsod. The council's action was also in relation to the complaint filed by Atty. Cornelio Panes. It was Panes's complaint which broke out the issue regarding the August 8, 2001 inspection at Barangay Concepcion.

Apparently, there was an attempt to conceal the issue since it took some time for the city officials to act on the inspection report of the task force. The task force then headed by retired Engr. Dan Caipang rendered a report on the matter. The report remains untouched at the office of former City Engineer Edwin Bravo. It was only in March 2002 when the issue came out.

Will Sonalan speak?

The question on whether Sonalan will speak on what happened to the evidences remains to be seen. Sonalan refused to be interviewed by the media even if Gil acted as mediator. He could not be seen at the City Legal Office.

It was also Sonalan who first handled the case against the Gegato-Abecia Funeral Homes. The city lost in the legal battle at the lower court. However, Atty. Hechanova took over the case finally made it. The case reached at the Court of Appeals and Supreme Court. The case between Gegato-Abecia, Alta Tierra Homeowners Association and the city government took time to be resolved.

Where are the evidences?

With the dismissal of the case, several versions cropped up on where did the evidences went. Gil has its own story while the task force has their own too. Surprisingly, the findings of facts and recommendations made by the legal office in 2002 said otherwise

Excerpts in the findings of facts and recommendation made by the City Legal Office states that the wires were in custody of Jerry Eslaban, stockroom-in-charge of the City Engineers Office until “it was withdrawn on 20 February 2002 by Engineer Dan Edgar Caipang and were turned over to Councilor Erwin Plagata as evidenced by Exhibit “A” previously marked on 7 March 2002 for purpose of this investigation. Plagata is not available for comment.

According to Engr. Salvador Pedregosa, they turned-over all the boxes of evidences to the City Legal Office. Pedregosa who replaced Caipang said there was no laxity on their part in regards with the dismissal of Manikan's case.

Pedregosa, in a telephone interview said they are now looking for the receipt which shows that indeed the task force turned over the evidences to the City Legal Office. He added that they have extended their cooperation on the resolution of the case. Pedregosa is also one of the members of the inspection team fielded at Barangay Concepcion.

Primarily, the task force was created by former Mayor Mansueto Malabor to bust all the residents tapping electricity from the city's street lights, gymnasium and barangay centers. The task force is composed of personnel from the City Engineers Office and assisted by police personnel at the police precinct 1.

Pedregosa added that Caipang did not furnish him copies of the inspection reports when the latter retired from the government service. They have no information on the case against Manikan and the eight other residents of Barangay Concepcion.

On the other hand, Gil said Task Force Boltahe former Liason Officer Joel Umetin kept the exhibit. However, Umetin died. The city legal officer claimed Umetin's death affected the resolution of the case since he had a big role for the prosecution. Gil is pessimistic that the case could not be revived with Umetin's death.

However, Gil's statement is strongly opposed bys Artuz. The prosecutor said it does not mean that when Umetin died, the prosecution of the case already ends or is also dead.