Baldago defies new memorandum from Sec. Gonzalez
Baldago
Embattled chief City Prosecutor Efrain Baldago is not just about to give up. Immediately after receiving yesterday a Memorandum from Justice Secretary Raul Gonzalez Sr. directing his detail to the Office of Chief State Prosecutor or the Office of the Regional State Prosecutor Region VI, Baldago filed a motion for reconsideration with the Secretary himself.
Baldago cited that the memorandum of his detail is "without basis in fact and in law" and "violative of (his) right to security of tenure."
Last December 3 Baldago received a fax copy of Department Order No. 971 implementing a decision of the Office of the President dismissing him for graft.
Baldago, in his motion for reconsideration, argued that "to date, (he) is yet to receive the official copy of the alleged decision of the Office of the President...)
"There is no showing that the alleged decision attached to Department Order No. 791 is authentic, duly promulgated and has emanated from the Office of the President through the Executive Secretary of the Secretary of Justice was duly deputized to serve, execute or enforce the alleged (decision)," he added.
Baldago also stressed that "(a)ssuming arguendo that there is such a decision, the undersigned upon receipt thereof has numerous remedies under the law as part of his right to due process."
Baldago further averred that the Secretary's memorandum constitutes undue demotion in his rank and status.
"The undersigned is the Chief City Prosecutor, a head of Office and has subordinates that assist him in the performance of his function. Should the undersigned follow the misleading orders of the Honorable Secretary, the undersigned would in effect consent to his undue demotion," Baldago said.
Baldago also found Gonzalez's memorandum inconsistent as it was stated that his purported detail is premised on exigency of service but "the two offices I am given the choice to be with were all run with sufficient manpower with incumbent Chief hence no vacancy therein exist."
While, Baldago said, the office in which he is made to leave is apparently understaffed.
"To the mind of the undersigned this ploy is nothing more than a circumvention of duly established protections to the right of security of tenure he enjoys but is being attempted to be trampled upon," said Baldago.
Gonzalez for his part defended the memorandum of detail he issued to Baldago.
"He should be thankful, I'm still giving him the chance pending the finality of the dismissal order against him," Gonzalez said.
"I'm going out of my way here. He should have been out of office already," said Gonzalez citing the DOJ memorandum dated January 28, 2003 signed by former Justice Secretary Simeon Datumanong laying the policy on the implementation of decisions in administrative cases involving prosecutors which says decisions shall be implemented immediately "without awaiting the resolution on a motion for reconsideration or appeal that may have been seasonably filed."
In Department Order No. 970 Gonzalez designated Prosecutor Peter Baliao as officer-in-charge of the Office of the City Prosecutor of Iloilo City.
In the questioned memorandum Baldago was given two days to elect the office where he wanted to be detailed – Office of Chief State Prosecutor or the Office of the Regional State Prosecutor Region VI. The memorandum says that failure on the part of Baldago to choose within the said period will automatically detail him to the ORSP - Region VI.
Baldago's dismissal 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.
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.
Baldago has called the DOJ order "illegal" and has refused to turnover his position.
Gonzalez said he even gave Baldago a favor by not implementing his dismissal immediately.
"I was even the one who told him to file a motion for reconsideration," the justice secretary said.