Prosecutor with pending cases gets allowance back

CEBU, Philippines – The Toledo City prosecutor who earlier forfeited his allowance after failing to resolve 23 pending cases within the allowed 60-day period has been allowed to collect it.

Regional State Prosecutor Fernando Gubalane yesterday said he already sent letter to the Department of Justice that the prosecutor already resolved the pending cases assigned to him. Gubalane said after the DOJ will approve the letter, the prosecutor, who was not named, can already receive his monthly allowance from July up to the approval of the letter.

The prosecutors have 60 days to resolve cases. Failure to do so within the period mandated by law means the DOJ will withhold the allowance of the prosecutor, as recommended by the Regional State Prosecutor.

The 60-day period is given to prosecutors handling complaints that undergo a preliminary investigation -a procedure wherein the respondents are given the chance to submit their counter-affidavit to refute the allegations against them.

Within this period, prosecutors will determine if there is probable cause to elevate the case to the court and if none, the complaint will be recommended for dismissal.

However Gubalane admitted there are prosecutors who exceed the period and they give extension if they evaluate the case. 

But then if there is no valid reason why the prosecutors did not resolve the case within the period he will immediately endorse a letter to the DOJ to withhold the allowance of that prosecutor.

Gubalane also said three prosecutors from the Negros Oriental Prosecutor's Office and one from Cebu City Prosecutor's Office have not resolved the pending cases assigned to them.

He said he also sent letter to the DOJ regarding one prosecutor from the provincial prosecutor's office who did not resolve his pending cases.  Prosecutors receive a monthly allowance of P13,000 from the DOJ on top of their salary.

Meanwhile, Gubalane said next month they will make a dry run of the Automated Prosecution Case Management System. It is a new system of better monitoring of pending cases at the prosecutors' office.

Gubalane said that he can easily monitor the pending cases of a certain prosecutor due to the computerized system of cases. He can just click the mouse and check the various cases assigned to each prosecutor. (FREEMAN)