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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 116 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE WITH FORFEITURE OF
ALL THE BENEFITS UNDER THE LAW OF STATE PROSECUTOR AMELITO S.G.
PERFECT, DETAILED IN VALENZUELA, A SUB-STATION OF THE KALOOKAN
PROSECUTOR'S OFFICE
This refers to the administrative complaint
filed motu propio by the Department of Justice against State Prosecutor
Amelito S.G. Perfecto, detailed in Valenzuela, a sub-station of the
Kalookan Prosecutor's Office, for grave misconduct.
The record shows that on October 11, 1993, EMILIA LANSANGAN vda. de
ANGELES filed a complaint with the Presidential Anti-Crime Commission
(PACC) against Prosecutor Perfecto and a certain SPO1 ILDEFONSO ORIG,
JR. of the Valenzuela Police for demanding from her the amount of
P15,000.00 for the immediate release of her son, Edgardo Angeles, who
has a pending case in the Regional Trial Court, Branch 75, Valenzuela,
Bulacan for attempted homicide, illegal possession of firearms, and
illegal discharge of firearm. Her son was then detained at the
Valenzuela Police Headquarters.
On October 12, 1993, Angeles complaint was referred to the Office of
Director Epimaco Velasco of the National Bureau of Investigation for
appropriate action.
The investigation report transmitted by Director Velasco to this office
revealed that Perfecto and Orig, Jr. had, on several occasions,
demanded money from Angeles in exchange for the release of Edgardo. The
first time was on June 21, 1993 at about 11:00 o'clock in the morning
while they were at the canteen of the RTC compound in Valenzuela. The
two first demanded the amount of P40,000.00 but after haggling with
Angeles on subsequent dates, the amount was reduced ultimately to
P15,000.00.
Angeles claims that Prosecutor Perfecto instructed her to deliver the
money to his office as soon as the same is raised: that he made this
demand everytime she would attend the scheduled hearings of the cases
against her son and that on September 29, 1993, Angeles sent her
daughter, Juanita, to deliver the amount of P5,000.00 to Prosecutor
Perfecto who refused to accept the money as it was not the amount
agreed upon.
On October 20, 1993, Jesus D. Jamasali, Ernesto Adobo and Vicente
Lorenzo, agents of the Anti-Organized Crime Division (AOCD) of the NBI,
were discreetly deployed at around 8:00 o'clock in the morning at the
vicinity of the RTC Compound in Valenzuela, Bulacan following the plan
previously set up to entrap Prosecutor Perfecto. Angeles was instructed
to bring the marked money in the amount of P15,000.00 and to hand over
the money to Prosecutor Perfecto and SPO1 Orig upon demand, at which
point, the agents who posted themselves nearby, would pounce on the two.
At about 9:30 o'clock in the morning of the same date, SPO1 Orig
arrived and he proceeded to the second floor where Branch 75 of the RTC
is located. Prosecutor Perfecto, who also passed by, upon seeing
Angeles, uttered the following words, "Ayos na ba 'yan?" and continued
to go on his way. A few minutes later, Prosecutor Perfecto returned and
approached Angeles and demanded the money from the latter by saying,
"magkano 'yan, bilisan mo". At this instance, Angeles gave the money to
Prosecutor Perfecto. Immediately thereafter, the AOCD agents pounced on
Prosecutor Perfecto who was in the act of counting the marked money. He
and SPO1 Orig were then arrested and brought to the NBI for
investigation. Prosecutor Perfecto's hands were examined and found to
be positive for fluorescent powder in his right hand.
Felicisima M. Francisco, forensic chemist of the NBI, testified that at
around 11:00 o'clock in the morning of October 20, 1993, Agent Adobo
submitted to the Forensic Chemistry Division of the NBI for laboratory
examinations, the person of Prosecutor Perfecto, twenty-eight (28)
pieces of five hundred peso bills, a piece of one (1) thousand peso
bill and a printed handkerchief; that the ultra-violet examinations
made: a) on the palmar aspect of the right hand of Prosecutor Perfecto
showed positive for yellow fluorescent specks; b) on the 28 pieces of
P500.00 peso bills and one (1) P1,000.00 bill showed the markings
"P-93-147 10-18-93 GJL" and the presence of yellow fluorescent specks
and smudges on both sides; and c) on the piece of printed handkerchief
showed the markings "10-19-93 LFB/EMAR FCD, NBI" and also the presence
of yellow fluorescent specks and smudges on both sides.
Respondent denies the charge and avers that Angeles, prior to October
20, 1993, came to his Office requesting that her son be allowed to post
bail in a reduced amount: that taking pity on her due to her tight
financial situation and advanced age, he interposed no objection to the
motion for the reduction of bail filed by the counsel of Angeles' son;
that there being no objection, the presiding Judge of Branch 75, Hon.
Jaime F. Bautista, issued an order dated September 6, 1993 reducing the
recommended bail from the total amount of P204,500.00 to P43,500.00 for
the provisional liberty of Angeles' son; that believing the overtures
of Angeles that her son was innocent, he suggested to Angeles that she
should talk to and convince the police officer concerned (Orig) so that
the latter would desist from further prosecuting the case of attempted
homicide; that at around 9:00 o'clock in the morning of October 20,
1993, Angeles' grandson approached him and asked him if he could see
his grandmother to ask his grandmother to go upstairs as the criminal
cases against her son were then scheduled for trial; that Angeles's
grandson pleaded for him to come down as his grandmother was suffering
from a swollen foot; that he acceded to the request and went to see
Angeles inside the aforesaid canteen; that while inside, he was called
by Angeles and was handed something wrapped in a big scarf; that
thinking that it was an affidavit of desistance executed by Orig as
they (Orig and Angeles) were settling the civil aspect of the attempted
homicide case and since Orig was then present; he took hold of the
scarf and spread the same to see what was inside; that to his surprise,
he saw paper money bills inside and it occurred to him that the money
was intended to satisfy the civil aspect of the criminal cases against
Angeles' son or that the same was intended for the cash bond which
Angeles' son would post for his provisional liberty; that before he was
able to inquire from Angeles about the money, agents of the NBI
arrested him.
The recommendation of the Secretary of Justice to dismiss respondent
Amelito S. G. Perfecto from the service with forfeiture of all benefits
under the law is based on the findings of the incredulity of
respondent's allegations that what was handed to him by complainant
Angeles which was wrapped in a big scarf was only an affidavit of
desistance and not money. He also found respondent Perfecto's acts as
far from being legitimate attempts at settlement but was indeed acts of
extortion in that if the money was really intended for Orig as
settlement of the case of attempted homicide, respondent, who has
already inside the courtroom, should not have gone back to the canteen
to receive the money himself from Angeles. Moreover, respondent
Perfecto failed to controvert the NBI's evidence which found positive
for fluorescent powder in his right hand. There can therefore be no
question that the amount of P15,000.00 given by Angeles to respondent
Perfecto was in consideration of the promised release of Angeles' son
from detention.
I concur with the findings of the Secretary of Justice. The dubious
character of the acts charged as well as the motivation which induced
respondent Perfecto to commit them were clearly demonstrated. It is a
patent manifestation of how respondent Perfecto used his Office to
serve his nefarious ends. This is manifestly a disgraceful misconduct
meriting administrative sanction.
WHEREFORE, premises considered, respondent Amelito, S.G. Perfecto,
State Prosecutor detailed in Valenzuela, a sub-station of the Kalookan
Prosecutor's Office is hereby found liable for grave misconduct.
Consequently thereto, his dismissal from the service with forfeiture of
all benefits under the law is hereby imposed.
Done in the City of Manila,
this 17th day of February in the year of Our Lord, nineteen hundred and
ninety-four.
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