Baldago strikes back, raps DOJ chief for graft
Iloilo City Prosecutor Efrain Baldago who was earlier ordered dismissed by Malacañang for graft has filed graft charges against his boss, Justice Secretary Raul Gonzalez Sr.
In a three-page complaint filed before the regional office of the Office of the Ombudsman-Visayas on Wednesday, Baldago accused Gonzalez of violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. Also named respondent was Assistant City Prosecutor Peter Baliao.
In his complaint, Baldago alleged that Gonzalez "forced" him to file a travel leave on January 10 this year.
"Starting the month of December 2006, I was subjected to intense pressure from then Acting Secretary of Justice Raul Gonzalez Sr. for me to take an indefinite leave of absence without citing any legal ground," said Baldago in his complaint.
He said he filed a request to travel "in compliance" with a verbal directive of Gonzalez which he reiterated several times through his executive assistant lawyer Eldrid Antiquera.
Baldago claimed that Gonzalez wanted him out of the office to prevent him to act as vice chairman of the Iloilo City Board of Canvassers during the national and local elections last May because his son and namesake Iloilo Rep. Raul Gonzalez Jr. was running for re-election.
The city prosecutor is identified with former Senate President Franklin Drilon who broke away from the administration and called for resignation of President Macapagal-Arroyo on July 2005.
Baldago said he decided to instead file for a sick leave after his travel leave was approved only on April 24, 2007.
But he said before he was able to file a leave of absence, Gonzalez had appointed Assistant Prosecutor Fiscal Peter Baliao as acting city prosecutor. This allegedly violated the Revised Administration Code of 1987 which prohibits the re-assignment of public officials within three months before any election.
Baldago said this also violated Section 3 of R.A. 3019 which declares as unlawful the act of "persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense."
Gonzalez dismissed the complaint and denied that he violated any laws or regulations.
"Anybody can dig his own grave," Gonzalez said in a telephone interview.
He pointed out that it is within his authority to re-assign prosecutors and it was Baldago who had filed a travel leave to go to the United States with is family.
"He is a just a mere fiscal and he cannot dictate to the Justice Secretary," said Gonzalez.
He said he will also enforce his December 7 memorandum re-assigning Baldago to either the Office of the Regional State Prosecutor or the Office of the Chief State Prosecutor pending the finality of a decision of the Office of the President dismissing Baldago for graft.
Baldago has refused to leave his office saying his re-assignment is illegal and violated his right to security of tenure.
He pointed out that up to yesterday, he has not received a copy of the Aug. 16, 2007, resolution of the Presidential Anti-Graft Commission (PAGC) that found him liable for violating Section 7 of Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Gonzalez said he has already instructed judges and prosecutors not to recognize Baldago as the city prosecutor.
"If he wants, he can stay there and starve to death in his office," said Gonzalez.