ILOILO CITY – The Department of Justice yesterday forced open the office of the Iloilo City Prosecutor who has defied a relief order of Justice Secretary Raul Gonzalez.

A DOJ team headed by Senior State Prosecutor Leo Dacera II entered the office of relieved City Prosecutor Efrain Baldago, around noon, after the lock of the office was picked by policemen and agents of the National Bureau of Investigation.

The team also opened the padlocks of filing cabinets containing files and pieces of evidence.

Aside from Dacera, also present were Provincial Prosecutor Bernabe Dusaran and Assistant Regional State Prosecutor Virgilio Garcia.

Gonzalez had earlier issued a memorandum to Baldago warning him that his office will be forcibly opened if he failed to turn over records and evidence of pending cases inside his office at the Ramon Q. Avanceña Hall of Justice here, within 48 hours after receipt of the order.

Baldago had padlocked his office and has refused to recognize a December 7, 2007 memorandum of Gonzalez re-assigning him either to the Office of the Regional State Prosecutor or the Office of the Chief State Prosecutor, pending the finality of a decision of the Office of the President dismissing him for graft. He has subsequently filed for an indefinite leave for health reasons.

The Presidential Anti-Graft Commission in August last year found Baldago liable for violation of Section 7 of Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Dacera said they have inventoried about 40 cases found in Baldago's office. These will be turned over to Acting City Prosecutor Peter Baliao who will now hold the office previously occupied by Baldago.

Dacera said the records had been locked at the office “to the prejudice of the public.”

Baldago refused to issue a statement but his legal counsel, Plaridel Nava, said they will file charges against Gonzalez and those who opened his client's office.

He said they have not received a copy of the memorandum issued by Gonzalez because Baldago has gone on leave.

“Their acts are illegal,” Nava said in a telephone interview.

He also said the dismissal case against Baldago is not final and executory in the absence of a final court decision on the case.*NPB

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