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Cebu News

Labor officer convicted for direct bribery

Mylen P. Manto - The Freeman

CEBU, Philippines - The  Regional Trail Court convicted a hearing officer of the Department of Labor and Employment (DOLE) 7 for direct bribery.

In his eight-page decision, Judge Raphael Yrastorza Sr. of RTC Branch 14 said accused Wilfredo Wagas failed to disprove the clear, candid and straightforward testimonies and evidence of the prosecution witnesses.

“Denial on the part of the accused is a shabby and weak way of escaping liability similar to alibi. Wherefore, in view of the foregoing premises, judgment is rendered finding accused guilty beyond reasonable doubt,” the decision stated.

Yrastorza sentenced accused to suffer the penalty of imprisonment for five years to six years and a fine of P36,000.

On April 18, 2011, Wagas was accused of extorting money from businessman Johnie Lim in the amount of P12,000 in exchange for the dismissal of a labor case filed against him by his five employees.

Lim, chief executive officer (CEO) of Body and Sole Franchise Corporation, said that in Feb. 2011, he received a notice of hearing from DOLE 7 for the labor complaint filed by his employees. He was directed to file his evidences.

Lim alleged that the hearing officer told him that his case can be solved easily.

Lim first gave P5,000 to Wagas, then he gave an additional P7,000.

Feeling guilty, Lim reported the matter to DTI Provincial Director Nelia Navarro, who reported it to DOLE 7 Regional Director Exequiel Sarcauga.

It was Sarcauga who asked Lim if he was willing to cooperate to entrap Wagas.

Wagas was arrested on May 5, 2011.

In his testimony, accused denied the charges and blamed complainant for requesting for his assistance in his case.

Based on the foregoing evidence, Yrastorza ruled in favor of the complainant.

“While the sole testimony of Johnie was sufficient to prove the offense of direct bribery by proof beyond reasonable doubt, the well-planned and well-coordinated entrapment by the police officers was better catching the accused in flagrante delicto,” the decision stated.

Meanwhile, defense lawyer Salvador Solima told the media that they will be filing a motion for reconsideration before the court.

If denied, he said they will appeal the case before the Court of Appeals and even up to the Supreme Court.  (FREEMAN)

ACCUSED

BODY AND SOLE FRANCHISE CORPORATION

COURT OF APPEALS

DEPARTMENT OF LABOR AND EMPLOYMENT

JOHNIE LIM

JUDGE RAPHAEL YRASTORZA SR.

ON APRIL

PROVINCIAL DIRECTOR NELIA NAVARRO

REGIONAL DIRECTOR EXEQUIEL SARCAUGA

REGIONAL TRAIL COURT

WAGAS

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