Prosecutor faces raps for clearing gun-wielding Albay mayor
MANILA, Philippines - The Philippine National Police on Wednesday filed criminal and administrative charges against a Pasay City prosecutor for ordering the release of a Bicol town mayor arrested for violation of the Commission on Elections (Comelec) nationwide gunban.
The PNP said the charges were filed by the Aviation Security Group before the Office of the Ombudsman against Manuel Ortega, assistant prosecutor of the Pasay City Prosecutor's Office.
The PNP said Ortega committed an abuse of discretion and malfeasance in handling the case of Mayor Avelino Ceriola of Malinao town, Albay province.
Airport policemen arrested Ceriola Monday at the Ninoy Aquino International Airport Terminal 2 for possession of a .45 caliber pistol while about to board a flight to Legazpi City.
The mayor presented a permit to carry of firearms outside of residence and a gunban exemption letter form the Comelec. The papers, which turned out to be fake were presented by the police to the prosecutor.
The PNP said that despite the overwhelming evidence, Prosecutor Ortega cleared the mayor and ordered his release from police custody. It said that Ortega came out with a an inquest resolution approved by City Prosecutor Elmer Mitra "finding lack of probable cause sufficient to sustain respondent's formal indictment in court."
It said that according to Ortega the police failed to present the firearm and ammunition seized from the mayor and the allegedly fake firearm documents.
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actually it should have been the police to file charges:
It is always the responsibility of the Police to file criminal charges and the Prosecutors to Prosecute the case. Now, upon filling the Police and the Prosecutors being at the service of the State must do all diligence to make sure that everything is in order so the Court will accept the Charges and will issue the warrant and process the case. Now it is up for the defense upon examining the evidence as disclosed by the state to challenge it before the court and ask for dismissal for lack of sufficiency and it is up for the court to grant that challenge...that is the process as far as I know.
LAGANAP NA KATIWALIAN
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Halos lahat ng tanggapan ng piskalya sa buong Pilipinas ay laganap ang bayaran ng kaso. Ang murder ng isang kasama sa bukid ay nagkakahalaga lang ng P30,000, ang rape na hindi sensational ay nasa P50,000.
Ang pirma ng piskal sa pag-komporme nito sa paglalagak ng piyansa ay P1000. Ang pagpirma sa salaysay at kontra salaylay ay P1000 hindi pa kasama ang taga-singil nito na kanyang secretary-stenographer. Nanghihingi rin ang mga piskal ng appearance fee at kakutsaba ng mga ito ang mga abugado ng PAO at mga corrupt ng judge.
Kailangan na talaga ang malawakang pagbubulgar ng mga katiwalian ito sa Kagawaran ng Hustisya at mga korte.
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kaya dapat na tayong
kaya dapat na tayong manindigan at lumaban sa katiwalian. sa mga kurakot, dapat tayong bomuto ng tapat at bumoto ng tama.
A sign of incompetence
If police officers really have a strong case against the Mayor and all the needed evidence was presented, how irresponsible and ignorant the Prosecutor was when he recommended the release of the subject. He should be charged administratively and sanctioned accordingly. But, if it were the police officers who were really remiss on of their duties to make a strong case but failed to do so, like presentation of evidence and witnesses, those officers should be administratively charged for incompetence and immediately be removed from the service. The case should be looked into by both the DOJ and PNP to rectify the mistakes and shortcomings of their men.
Kudos
Its timely na kailangan ng tapatan ang pagmamalabis ng mga judges at prosecutors na ito. Lalo na duon sa mga nahuhuli na mga drug pushers at drug lords na pinapakawalan ng mga ganitong tiwaling tao. Saluduhan nating silang mga mamang pulis. Ang bola ngayon ay nasa Ombudsman.
MANMANAN. Hindi pa tapos ang laban.