CA reverses PAGC decision dismissing Prosecutor Baldago
Iloilo City Chief Prosecutor Efrain V. Baldago received an approval from the 18th Division of the Court of Appeals (CA) for his petition seeking the annulment of a decision rendered by the defunct Philippine Anti-Graft Commission dismissing him from service.
The 12-page decision penned by Associate Justice Socorro B. Inting caused the reversal of the Nov. 28, 2007 PAGC decision which found Baldago guilty of violating Sec 7(d) of the RA 6713 or the Code of Ethical Standards for Public Officials and Employees likewise the Feb. 5, 2008 resolution that denied his motion for reconsideration.
Inting’s decision concurred by Associate Justices Portia A. Hormachuelos and Edgardo L. De Los Santos took credence on Baldago’s plea that he “was not formally charged thus was not informed of the nature of the charge against him” and “he was denied right to confront his accuser who failed to appear during his requested clarificatory hearing.”
The issue stemmed from an administrative complaint filed by Jose C. Demontaño, who happens to be Baldago’s grandfather, alleging that the chief city prosecutor asked financial assistance totaling to P700,000 from him “on different occasions in order to finance his sugarcane plantation.”
While the favor was done, Demontaño claimed that the case of his cousin Ernesto Causing “pending before the office of Baldago went on smoothly” but the “development of the case came to a halt after receipt of the favors.”
Meantime, Baldago said that Demontaño was “not authorized to make constant follow ups” and the “alleged case has long been resolved sometime in 2006.”
Further, an amount of P250,000, which was part of the P700,000, withdrawn from the United Coconut Planters Bank was received by Demontaño as he only asked Baldago to have it encashed.
“The act was simply an accommodation of a grandson to an old grandfather, plain and simple,” Baldago stated in his account, claiming that Demontaño is already 87 years old.
Following the CA Oct. 29 decision, Baldago and his lawyer Plaridel Nava will aske the CA in Cebu City for the issuance of the Writ of Execution for the former to be restored as chief of the Iloilo City Prosecutor’s Office.
The position is now being occupied by Prosecutor Peter Baliao.*PNA
