At least 20 of about 50 state prosecutors in Cebu are millionaires.
Assistant Cebu City Prosecutor Ricky Jones Macabaya leads the list with a total net worth of P10.40 million as of December 31, 2009, according to the Statements of Assets, Liabilities and Net Worth (SALN) of state lawyers that were released by the Office of the Ombudsman in the Visayas last week.
Macabaya is closely followed by Assistant Provincial Prosecutor England Joseph Berciles, whose wealth has reached P9.67 million.
Assistant Cebu City Prosecutor Liceria Lofranco-Rabillas possesses assets worth P5.64 million to make here the third richest state lawyer in Cebu.
But at the other end of the spectrum is Assistant Provincial Prosecutor Marvin dela Peña who, with a net worth of P81,000, is the poorest of them all.
The SALNs released by the Visayas Ombudsman did not indicate if their wealth were acquired before or after they become state prosecutors. But a close perusal of the records of their assets have become a public interest because of the continuing clamor of government lawyers for higher pay and larger allowances both from the Department of Justice and the local government units (LGUs) where they are assigned.
Provincial Prosecutor Pepita Jane Petralba, in a telephone interview yesterday, admitted that even as they wished for higher compensation during this hard economic time, being a state prosecutor can actually be financially rewarding.
That is, if one considers both the pay and allowances that are granted to them, she said.
“In less than two years, a prosecutor can be a millionaire if one has to base (it on) the total salary of a fiscal. (But) if I earn that much, it's because I work harder,” Petralba said.
Regional State Prosecutor Fernando Gubalane however stressed that state lawyers still want to receive monthly stipends from LGUs despite public concern over their impartiality in resolving cases, particularly those that involve the LGUs where they get allowances from.
“Financial assistance is needed by men, not just by prosecutors. The assistance from LGUs helps defray expenses for sending children to school and to buy for medicines, especially that most prosecutors are already old. Also, we have to save for our future,” Gubalane told Cebu Daily News yesterday.
A prosecutor has a basic salary ranging from P25,000 to P50,000 depending on his rank or length of service.
All 33 city prosecutors are also receiving a P5,000 in monthly stipend from the city government. The over 20 fiscals in the province also get the same amount from the Capitol.
The amount is on top of the “special” allowance they get from DOJ that ranges from P10,000 to P15,000 and released quarterly.
Gubalane said prosecutors also received P100,000 each from the Department of Budget and Management through the DOJ last December 2009.
“Karong panahona, dili na pareho sa una. Sa pagkakaron di gyud mi maalkanse. (The prosecution service is no longer the same compared to previous year. Now, we already received just compensation),” he said.
He cited in particular Republic Act 10071, or the Prosecution Service Act of 2010, which took effect last May 29. Section 16 of RA 10071 states that prosecutors “shall have the same qualification for appointment, rank, category, prerogatives, salary grade, and salaries, allowances , and emoluments and other privileges and shall enjoy the same retirement and other benefits” as those of associate justice of the Court of Appeals (CA) and judges—depending on the rank.
With the implementation of the law, prosecutors are expected to increase their wealth this year.
The anti-graft office has so far released the SALNs of only 36 prosecutors in Cebu. The SALNs of the other prosecutors have yet to be sorted out due to voluminous documents submitted to the Ombudsman Visayas.
Macabaya, the richest prosecutor in Cebu based on his SALN, has assets that include six parcels of land worth P8,488,844.
Macabaya also owns three vehicles - a Toyota Vios worth P300,000, a Ford Everest (P748,000) and Mitsubishi Pajero (P150,000), cash on hand (P1.50 million), deposits (P42, 350); furniture and fixtures (P35,000), jewelry (P90,000), stocks (P500,000), private insurance (P405,000), equity (P750,000), pre-need plans (P186,000), and “other” properties (P120,000).
His sole liability comes from a loan worth P3.81 million.
Macabaya's wife Arlene owns a lending company in Cebu City.
Berciles, who came in second among the richest fiscals in Cebu, declared real properties worth P591,500 and P9.69 million in personal properties.
His liability amounted to P606,658 which came from loans and accounts payable. Berciles' wife Maria Luz works as deputy director at the Bangko Sentral ng Pilipinas.
Rabillas, the third richest prosecutor in Cebu, declared seven parcels of land worth P4.18 million, Honda Civic worth (P496,000), Mitsubishi Montero (P1. 36 million), appliances and furniture (P700,000), jewelries (P700,000), books (P105,000), cash on bank (P200,000), and a share at Club Ultima (P350,000).
Rabillas, whose husband woks as second mate merchant mariner, has a liability amounting to P1.06 million.
State Prosecutor Vicente Mañalac came fourth with a net worth of P4. 92 million , followed by Cebu City Prosecutor Alexander Acosta (P3.99 million), Assistant City Prosecutor Mary Ann Castro (P3.11 million), State Prosecutor Alain Gallego (P2.86 million), Cebu City Prosecutors Rodulf Joseph Val Carilllo (P2.21 million), Raul Cristoria (P2.13 million), Alex Gabud (P1.61 million), and Assistant Provincial Prosecutor Jose Edwin Renegado (P1.66 million).
Gubalane came in next with P1.58 million, followed by State Prosecutor Llena Avila (P1.39 million); Assistant Provincial Prosecutors Nelia Sistoso (P1.36 million), Arnulfo Amodia (P1.31 million), and Noel Cellona (P1.27 million); Provincial Prosecutor Pepita Jane Petralba (P1.22 million); Assistant City Prosecutor Oscar Capacio (P1.18 million), and Assistant Provincial Prosecutors Rustom Presas (P1.09 million), and Anabelle Robles (P1.01 million).
Cebu City Prosecutor Nicolas Sellon has a net worth of P923,000.
A net worth or actual wealth is the official’s total asset, minus his total liabilities .
The other prosecutors whose SALN were released by the anti-graft office include Napoleon Alburo (P730,000), Petronio Elesterio (P710,000), Mario Camomot (P710,000) , Dixon Fuentes (P593,850), Grame June Elmido (P558,159), Van Russel Inopiquez (P450,000), Federico Pansoy (P351,646), Jennlyn Forrosuelo (P278,500), Simaco Labata (P275,450), Luisa Ong (P265,000), Victor Laborte (P222,000), Hyacinth Hadraque (P211,000), Noel Lawas (P190,000), Floraril Albert (P90,000) and Marvin dela Pena (P81,000).
Petralba said their landing in the list of millionaires did not mean they will no longer need the allowances that government provides.
“We, provincial prosecutors, travel to localities. We use allowances to pay for our transportation expenses, among others,” she explained.
In Cebu City, the request of city prosecutors for a higher allowance had been stymied by the refusal of then Cebu City Mayor Tomas Osmeña to grant it to them.
Osmeña, now the representative of Cebu City’s south district, had rejected calls to increase the monthly allowances of city prosecutors in what many viewed as a retaliatory act after the city prosecutor’s office opted to inhibit from the libel case that the then mayor filed against businessman Jonathan Guardo, whom he defeated in the south district congressional races.
Guardo sought the inhibition of the City Prosecutor's office from handling the libel complaint, saying they would not be able to render a fair and impartial decision because city prosecutors receive a monthly allowance from Cebu City.
Osmeña filed a libel case against Guardo for accusing City Hall of blocking the delivery of relief goods for barangay Carreta residents.
Last Feb 17, Gubalane denied the request of the City State Prosecutor's office to inhibit from the libel case for lack of compelling reason. The Cebu City Prosecutors Office has yet to render a resolution on the libel complaint.
