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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 139 -
SUSPENDING ASSISTANT CITY FISCAL NORMA B. SIAO OF ILIGAN CITY FOR ONE
MONTH AND ONE DAY
This is an administrative case against
Assistant City Fiscal Norma B. Siao of Iligan City for neglect of duty,
grave misconduct, discourtesy in the course of official duties,
inefficiency and incompetence in the performance of officials
functions, and conduct prejudicial to the best interest of the service.
The case was the offshoot of a
sworn complaint-affidavit dated October 23, 1987, filed by herein
complainant Jose L. Salinas against City Fiscal Ulysses V. Lagcao and
Assistant City Fiscal Norma B. Siao of Iligan City, in connection with
the charges/counter-charges filed by and between complainant and his
spouse Virginia Salinas.
Records show that, on March 2,
1987, Virginia Salinas filed a criminal complaint for attempted
parricide (I.S. No. 87-238) against her husband, Jose Salinas, before
Iligan City Fiscal Ulysses Lagcao. After due investigation, or on March
5, 1987, an information for attempted parricide was filed in court by
Fiscal Lagcao.
On April 24, 1987, complainant
filed a counter-charge for the same felony against his wife, which case
was assigned to Fiscal Norma B. Siao. On October 15, 1987, or more than
seven (7) months from the commission of the crime, Fiscal Siao
recommended the filing of an information for slight physical injuries
only, which was approved by the City Fiscal. However, in an order of
October 19, 1987, the Municipal Trial Court of Iligan City dismissed
the case for having already prescribed. Inquest Fiscal Norma B. Siao
moved to reconsider said order, but the same was denied by the court in
its subsequent order of November 24, 1987.
Likewise, in a resolution, dated
August 21, 1987, Fiscal Siao recommended the dismissal of I.S. No.
87-743 filed by complainant against his wife for uttering statements
derogatory to his person, on the ground that the evidence on hand was
insufficient to establish a prima facie case. Moreover, I.S. No.
87-713, also filed by complainant against his wife for theft and false
reporting was similarly recommended to be dismissed by Fiscal Siao.
Resolving the complaint of
Salinas against Fiscal Siao, the Secretary of Justice, after
appropriate proceedings, found respondent fiscal guilty of
inefficiency. For insufficiency of evidence, however, the other charges
against respondent were ordered dismissed. As observed by the Justice
Secretary:
"While
there is basically nothing irregular when Fiscal Siao granted
postponements on valid grounds or exerted efforts to reconcile the
parties as the circumstances may warrant, such should not be made as an
excuse for her inability to act with dispatch in the resolution and
disposition of her assigned cases. Precisely, Ministry Circular No. 1
dated January 7, 1985, enjoins her as investigating fiscal to terminate
her investigation within a period of sixty (60) days from the date of
filing of the complaint, and any extension of said period, granted by
the head office, for meritorious reasons, should not exceed thirty (30)
days. Sad to note, Fiscal Siao's failure to observe said circular
resulted in the dismissal of the case. Whether or not the dismissal was
correct is not for us to decide. As far as we are concerned, she has
failed to perform her duty with the highest degree of responsibility
and efficiency. In fact, Fiscal Siao's individual Accomplishment Report
for 1987 shows that while she has been assigned a total of two hundred
thirty three (233) cases in said year, for preliminary investigation,
she was able to comply with the sixty (60) day deadline only in around
43% of the cases. Accordingly, we find her guilty of inefficiency which
is a less grave offense. Her heavy workload may be considered as a
mitigating circumstance. For insufficiency of evidence, the other
charges against her are ordered dismissed. (Emphasis supplied.)
"In
view of the foregoing, and applying the rule on the manner of imposing
penalties under CSC MC No. 8, June 26, 1970, it is respectfully
recommended that Assistant City Fiscal Norma B. Siao of Iligan City be
suspended from the service for a period of one month and one day."
After a careful review, this Office concurs in the findings and recommendation of the Secretary of Justice. Evidently, Fiscal Siao had fallen far short of what is expected of her in the discharge of her duties as public prosecutor. Being enjoined under Ministry (now Department) of Justice Circular No. 1 dated January 7, 1985, to terminate her preliminary investigation within a period of sixty (60) days, respondent, in disregard of said circular, resolved the complaint for attempted parricide filed by Salinas against his wife only after six (6) months from the date of filing thereof, thereby resulting in the dismissal by the court of the information for slight physical injuries on ground of prescription. Needless to stress, respondent had been remiss in the discharge of her duties, which requires the exercise of the highest degree of responsibility.
WHEREFORE, and as recommended by the Secretary of Justice, Fiscal Norma B. Siao of Iligan City is hereby suspended from the service for a period of one (1) month and one (1) day with forfeiture of pay and allowances, effective upon receipt of a copy hereof.
Done in the City of Manila, this 20th day of September, in the year of Our Lord, nineteen hundred and eighty-nine.
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