NAGA CITY --- Lito del Rosario, executive director of the Public Safety Office (PSO) here, expressed shock upon learning that during an interview with ABS-CBN TV Patrol Bicol, 4th Assistant City Prosecutor Herman M. Cledera pointedly accused and blamed the PSO for not turning over a cellphone, which is an evidence in a robbery with homicide case, to his office.

        The cell phone, a Nokia N70, was reportedly recovered from the scene of the crime when suspects Rodert Delfin y Jayawon and several John Does last November 5, 2007 conspired to rob the Jollibee fast food outlet along Panganiban Avenue and killed a roving teller of Metrobank and seriously wounded the fast food outlet’s security guard.

        The suspects ran away with P210,356.25 cash representing cash deposits inside the Metrobank’s money bag.

        Prosecutor Cledera, in his order dated September 3, 2008 has asked for the recovery of the cell phone which he said is presently in the custody of del Rosario, as a vital piece of evidence after the robbery with homicide and frustrated homicide case has been considered for resolution after the suspects failed to submit counter-affidavit because they could not be located and subpoenaed.

        In the same order, Cledera also instructed del Rosario to turn over the cellphone within a period of five days. Such cell phone to be turned over should be accompanied by a sworn statement to the effect that the phone’s content or any part of it has not been modified, altered or deleted and that no other content has been added thereto from and after the time of its recovery until its turn over to the prosecution office, Cledera’s order stated.

        In his letter-response, del Rosario recalled that last December 11, 2007, he went to Cledera’s office bringing with him the cellphone to show to the Prosecution Office.

        “I asked you (Cledera) if we could still examine the cellphone and you replied that ‘Kung gagamiton pa nindo, dyan na muna yan (cellphone) saindo sa PSO’”, del Rosario reminded Cledera.