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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 126 -
IMPOSING THE PENALTY OF FORCED RESIGNATION ON CITY PROSECUTOR NO
VAILOCES OF DANAO CITY
This is an administrative case against City
Prosecutor no Vailoces of Danao City (hereinafter referred to as
"respondent prosecutor") for corruption and illegal and immoral acts.
In a letter of Justice Secretary Franklin M. Drilon, dated September
29, 1992, Danao City Mayor Jesus D. Durano requested the immediate
replacement of respondent prosecutor on grounds of corruption. Attached
to the letter was a petition jointly signed by five (5) presidents of
various civic and workers' organizations, namely: Alfredo Gorre of
Danao United Vendors' Association: Julius Caesar Arsena, M.D. of
Titane; Patrick Sucalit of Fishermen Association; Nestor Sabayton of
Workers' League of Danao and Orlando Reyes of Parish Youth Council,
requesting an investigation. Also attached to the same letter was the
complaint-affidavit of Aniceto Galon, wherein he alleged that (a) he
was charged with violation of Presidential Decree No. 1866 or for
illegal possession of firearms in three (3) separate cases and (b) as
consideration for the dismissal of these charges, respondent prosecutor
demanded P15,000.00 for each case.
An investigation of the case was subsequently conducted, during which
the following transpired:
(1).
(2).
(3).
(4).
(5).
(6).
After termination of the formal investigation, the Office of the
Regional State Prosecutor, Region VII, Department of Justice, found
respondent prosecutor guilty of grave misconduct and recommended his
dismissal from the service. The Secretary of Justice, likewise,
recommended the dismissal of respondent prosecutor.
In the standard of moral certainty, the charge of corruption has been
established. The declaration of the complainant's witness in this
regard was firm despite the gruelling cross-examination by respondent
prosecutor. As the Secretary of Justice aptly observed, the convergence
of circumstances relative to the dismissal of the complaints vis-a-vis
payment of amounts demanded and received by the respondent prosecutor
was inextricably intertwined with each other, thereby indubitably
establishing the fact of corruption.
The "Dear Antong" note further bolstered and utter depravity of
respondent prosecutor. Having found the ease and facility with which he
had accomplished his demands of payment from Galon, he was emboldened
to make new demands, in kind, from the latter.
Given the unsavory character displayed by respondent prosecutor in his
dealings with Galon. It is not farfetched to assume that his
transactions with Gorre, conveniently styled as "commissions" were
similarly tainted. Clearly, respondent prosecutor had no qualms and
reservations about using his office and position for his own selfish
ends which, as exemplified by the complaints, were inconsistent with
his duty as a public officer to dispense justice.
Respondent prosecutor's defense of political oppression and harassment
cannot be accorded credence. As it were, respondent prosecutor, by his
own actuations, provided the evidence of his unfitness to remain in the
government service. However, for someone who has practically spent his
whole life with the government (29 years in government service, about
14 years of which with the Prosecution Service) dismissing the
respondent from the service may be too harsh a penalty.
WHEREFORE, the penalty of forced resignation is imposed on City
Prosecutor no Vailoces effective immediately.
DONE in the City of Manila,
this 22nd day of April in the year of Our Lord, nineteen hundred and
ninety-four.
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