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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 107 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON ASSISTANT CITY
PROSECUTOR HERMAN C. CLEDERA OF THE CITY PROSECUTOR'S OFFICE OF NAGA
CITY FOR DISHONESTY AND INSUBORDINATION
This refers to the administrative complaint
for dishonesty and insubordination filed by City Prosecutor Alfredo D.
Agawa against Assistant City Prosecutor Herman C. Cledera, both of the
City Prosecutor's Office of Naga City.
The facts are as follows:
On March 30, 1998, a certain Jesus Bulaong dropped by at the City
Prosecutor's Office of Naga City and checked the status of I.S. No.
97-1311, a complaint for violation of the Anti-Graft and Corrupt
Practices Act entitled "Jesus Bulaong v. Delpha Estrada and Antonio
Lorio," which respondent prosecutor was handling. Respondent Cledera
informed Bulaong that the complaint had already been acted upon and
that the records of the case were already sent to the Office of the
Ombudsman in Manila, adding that he had already advised Mr. Juanito H.
Comia, Chief, Administrative Division, Office of the Ombudsman for
Luzon, of these supposed development, in a letter dated April 27, 1998.
On May 4, 1998, complainant Agawa issued two (2) office memoranda
directing respondent prosecutor to produce, within three (3) days, the
transmittal letter showing his approval of the transmittal of the
records of I.S. No. 97-1311 to the Office of the Ombudsman, including
the registry receipt evidencing such transmittal. Respondent prosecutor
failed to comply with the directive, prompting complainant Agawa to
issue another memorandum dated May 7, 1998, reiterating his directive.
Again, respondent prosecutor did not comply.
Complainant Agawa subsequently filed a complaint against respondent
Cledera for dishonesty and insubordination. The former contends that
the representations made by the latter that he had acted upon I.S. No.
97-1311 and that he already transmitted the records thereof to the
Office of the Ombudsman in Manila on April 3, 1998 are false and
constitute dishonesty, while his failure to comply with his directives
in his office memoranda dated May 4, 1998 and May 7, 1998 constitutes
insubordination.
Acting upon the complaint, Regional State Prosecutor Santiago M.
Turingan, Region V, Legaspi City, issued Regional Order No. 98-021,
dated May 27, 1998, designating State Prosecutors Romulo SJ Tolentino,
Eugenio L. Abion and Mary May B. de Leoz to conduct a formal
investigation of the administrative charges.
The case was heard on July 8, 1998 and August 3, 1998, during which
time complainant Agawa adduced evidence in support of his complaint.
Respondent Cledera filed no written answer to the complaint, although
he admitted the charge of dishonesty but refuted the charge of
insubordination during the hearing on July 8, 1998.
Subsequently, the Secretary of Justice submitted his report.
The records indubitably show that respondent Cledera did not in fact
send the records of I.S. No. 97-1311 to the Office of the Ombudsman in
Manila as early as April 3, 1998, contrary to respondent prosecutor's
representations. In fact, his resolution thereon was dated May 8, 1998,
indicating that he finished resolving the case only on May 8, 1998.
These false representations on his part constitute dishonesty.
The records further show that respondent prosecutor failed to comply
with the directives embodied in complainant's office memoranda dated
May 4, 1998 and May 7, 1998. And prior to the issuance of these
memoranda, respondent refused to see complainant to discuss matters,
despite requests, for him to do so. Such refusal on respondent's part
to comply with the lawful office orders of his superior constitutes
insubordination.
A careful review of the records indeed shows that respondent Cledera
misrepresented himself to have acted on Bulaong's complaint and
transmitted the entire record of the case to the Office of the
Ombudsman, Manila, when, in fact, he did not. While he explained that
he made the "misrepresentations" to "buy for time" to resolve Bulaong's
complaint and that he did not send any letter, the same does not
absolve him from administrative liability.
His obstinacy in not responding to complaint Agawa's memoranda clearly
shows his utter disregard of the directives issued by his superior and
is indeed indicative of insubordination.
WHEREFORE, as recommended by the Secretary of Justice, Assistant City
Prosecutor Herman C. Cledera of the City Prosecutor's Office of Naga
City is hereby found guilty of dishonesty and insubordination and is
hereby ordered dismissed from the service, together with the accessory
penalties of disqualification from re-employment in the government and
forfeiture of all his financial benefits.
DONE in the City of Manila,
this 31st day of January, in the year of Our Lord, two thousand.
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