Gonzalez blinks, holds Baldago dismissal amid legal questions
Justice Secretary Raul Gonzalez Sr. has balked at implementing the dismissal order against City Prosecutor Efrain Baldago amid questions on the legality of the order.
Gonzalez said he will not implement the order until Baldago has filed a motion for reconsideration and if this will be denied.
"If he cannot get an injunction or (temporary restraining order) from the Supreme Court, we will implement," said Gonzalez in a telephone interview.
In an order dated December 3, Gonzalez directed the implementation of a decision of the Office of the President dismissing Baldago for graft.
The decision, issued by the office of Executive Secretary Eduardo Ermita on November 28, affirmed the August 16, 2007 resolution of the Presidential Anti-Graft Commission (PAGC) that found Baldago liable of violating Section 7 of Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The order also canceled Baldago's retirement benefits and permanently barred his reemployment to government service.
The cases stemmed from a complaint filed by retired engineer Jose Demontaño accusing Baldago of asking for money in exchange for facilitating a case he filed before the prosecutors office. Baldago has repeatedly denied the accusation.
Baldago has called the DOJ order "illegal" and has refused to turnover his position.
"Legal procedures were violated by the DOJ," Baldago said in a telephone interview.
He said he has not received a copy of both the PAGC resolution and the decision of the Office of the Executive Secretary.
He also pointed out that dismissal orders can only be implemented if the decision has become final and executory.
"Under our rules, I have 15 days to file a motion for reconsideration after receipt of the official copy of the resolution and another 60 days to file a petition for review before the Supreme Court if my motion is denied," said Baldago.
He said he also found it irregular that the DOJ order naming his replacement was drafted ahead of the order that implemented the dismissal order.
DOJ Order No. 970 designated Assistant Prosecutor Peter Baliao as officer-in-charge of the city prosecutors office while DOJ Department Order No. 971 ordered the implementation of Baldago's dismissal. The two orders were both dated Dec. 3.
Gonzalez denied that the dismissal order had political undertones because of Baldago's closeness with former Senate President Franklin Drilon. Drilon was a close ally of President Macapagal-Arroyo until July 2005 when he broke ties with her administration and called for her resignation.
Gonzalez pointed out that the complaints against Baldago and the subsequent dismissal order did not come from the DOJ.
"If there was malice, he would have been out of his office three years ago because as DOJ secretary, I could have him relieved," said Gonzalez.