For accusing prosecutor: Woman charged with perjury

CEBU, Philippines - A woman who accused regional state prosecutor Fernando Gubalane of receiving exorbitant allowances from at least two local government units and the Department of Justice’s Witness Protection Program was indicted for perjury.

The Cebu City Prosecutor’s Office has found probable cause to charge Brenda Tan before the Municipal Trial Court in Cities where P6,000 was recommended for her temporary liberty.

Tan is questioning the immediate filing of the case in court. She said she will be filing an urgent motion to remand the case to the Cebu City Prosecutor’s Office and would ask for the holding in abeyance of the issuance of a warrant of arrest.

Tan said she will also move for reconsideration and asked for the inhibition the investigating prosecutor.

Assistant city prosecutor Jose Nathaniel Andal found evidence to hold Tan for trial for allegedly filing a complaint against Gubalane before the Office of the Ombudsman Visayas based on fabrication.

Tan earlier accused Gubalane of accepting and demanding allowances from Danao City, Bogo City and the DOJ Witness Protection Program.

In her complaint before the anti-graft office, Tan claimed that Gubalane is receiving P92,400 monthly allowance both from the LGUS and the national government which is way beyond the limits.

The certifications issued by the cities of Danao and Bogo and from the DOJ-WPP show that Gubalane is not receiving a monthly allowance from them contrary to Tan’s complaint before the Ombudsman.

“Contrary to the foregoing asseverations, complainant has not been receiving any allowance from either Bogo City or Danao City or the WPP, as per certifications by the offices concerned. There is, therefore reasonable ground to believe that respondent made a deliberate assertion of falsehood in the questioned affidavit,” the resolution reads.

Tan described the complaint of Gubalane as premature because her complaint is still pending before the anti-graft office. Tan denied making a perjured complaint saying that her complaint before the Ombudsman should be taken in context.

She said that her complaint states that Gubalane “lobbied, demanded, asked, requested, solicited or received” from various local government units consisting of Cebu Province, Mandaue City, Talisay City, Bogo City, Danao City, among others aside from Cebu City where he is holding office.

Gubalane said the “subject statements could not be taken in any context other than a deliberate assertion of falsehood under oath upon a material matter.”

Gubalane argued that the complaint he filed cannot also be considered as premature since the complaint before the Ombudsman does not involve whether or not he received monthly allowances.

He said the issue that the Ombudsman will resolve is whether or not he violated the anti-graft law. — (FREEMAN)