‘Fiscal’ charged for estafa

CEBU, Philippines - An administrative aide of the Office of the Regional State Prosecutor-7 is facing charges before the court for allegedly falsely representing himself as “fiscal” to the damage and prejudice of the complainants.

Graft Investigation and Prosecution Officer I Eleanor Tayad-de Mira said there was enough evidence to hold Rustum Lapiña for trial. He was charged for estafa.

De Mira recommended P10,000 bail for the temporary liberty of  Lapiña.

On Jan. 9, 2009, spouses Adelaido and Lolita Genon were approached by a certain Torting Baruman about the case of their son, Jose, who was charged with rape before the Cebu Provincial Prosecutor’s Office.

Upon learning that they have yet to hire a lawyer, Baruman reportedly offered a certain fiscal who was alleged to be Lapiña who could fix the case and asked the couple to prepare P1,500.

Lolita together with Baruman; her daughter, Elsie, and son-in-law, Pancho, went to the house of the accused on Jan. 11, 2009.

Lolita said she was then instructed by Baruman to give the P1,500 to the accused because the latter would spent it for the snacks of other fiscals in the office in order for the case of his son be “burned.”

Days after, Elsie informed the couple that accused texted her and instructed her to meet him at the Capitol area.

Within the premises of the Palace of Justice, the couple said they meet accused and the latter told them that they need to file counter-affidavit.

The couple added that they were asked to prepare P3,000 for attorney’s fees but they gave a total amount of P7,200 to Baruman and the accused.

The couple however, found out that accused was not a fiscal, who has the “capacity, power and/or influence to fix the rape case” of their son.

In his counter-affidavit, accused denied the allegations filed by the couple claiming all were hearsay.

He, however, admitted that Baruman visited him in his house accompanied by three persons. He said he was informed by Baruman that the son of the couple is facing rape case. He advised them to look for a lawyer.

He added that he was surprised upon learning in the complaint of  the couple that he misrepresented as fiscal.

But De Mira found probable cause to indict the accused for the offense charged.

De Mira said if indeed the intention of  the accused is to merely help the couple to verify the status of their son’s case, he could have advised them to verify by themselves before the prosecutor’s office when the spouses met with him, within the premises of the Palace of Justice.— /GMR (FREEMAN)