Ex-USJR prof questions fiscal’s ruling

CEBU, Philippines - A former part-time teacher of the University of San Jose-Recoletos (USJ-R) is seeking for the reversal of a ruling of the Prosecutor’s Office, which dismissed his complaint against officials of the university for lack of probable cause. 

Lawyer Glenn Tabon reiterated his allegations that he was not given due process when the university looked into a complaint filed by a student, which terminated his services.

“It becomes clear that respondents did not only blatantly violate the rights of complainant to procedural and substantive due process of law but caused him serious disrepute, extreme embarrassment and incalculable damage as they were never performing a legal duty with the issuance of the malicious and derogatory recommendation,” his motion for reconsideration reads.

Aside from the motion for reconsideration, Tabon also filed a supplemental motion, which alleges that the investigating prosecutor who dismissed his complaint “committed grave abuse of discretion amounting to lack or excess of jurisdiction” in resolving his complaint.

He claimed there is evidence to support his contentions.

Last year, Tabon filed complaints before the Office of the Cebu City Prosecutor against the Committee  on  Decorum and Investigation (CODI) of USJ-R composed of committee chairperson and assistant dean of the College of Law, Atty. Mae Elaine Bathan; Atty. Jesus Velez, director of the Student Affairs Office; Dr. Edgar Detoya, dean of the College of Commerce; Dr. Audrey Barbara Bucad, director of the Human Resource; Roberto Cabardo, president of the Faculty Club; and Marmie Dyan Deniega, president of the Supreme Student Government for libel, incriminating innocent person and intriguing against honor.

Tabon alleged that the committee rendered a “malicious” recommendation for believing the student’s sexual harassment allegations.

“…the CODI still came up with a very damaging and malicious findings and recommendation despite knowing that I was not able to confront and examine my accuser in violation of my rights to substantial and procedural due process required in the conduct of adversarial administrative proceedings,” he said.

A university student has filed an administrative complaint against Tabon who was then a part-time faculty member of the USJ-R College of Commerce.

Tabon said that on March 4, 2013, he and his counsel appeared before the school to confront the complainant but the CODI told them that they will be heard separately. This decision, he said, violated his right to confront and examine his accuser.

On October 3, 2013, Tabon received a letter from the university signed by President Rev. Fr. Enrico Silab, OAR, adopting the findings and recommendation of the CODI that he would no longer be allowed to teach in the school.

Tabon questioned the findings of the CODI, thus, the filing of the complaint before the prosecutor’s office. – (FREEMAN)