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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 140 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON ASSISTANT
PROVINCIAL PROSECUTOR ARTURO G. CABARON, PROVINCIAL PROSECUTOR'S OFFICE
OF CEBU
This refers to the formal charge
(Administrative Case No. 95-010) against Arturo G. Cabaron, Assistant
Provincial Prosecutor (APP), Provincial Prosecutor's Office of Cebu,
for grave misconduct.
The formal charge stemmed from the alleged extortion by APP Cabaron,
thru his wife Brigida Cabaron (Brigida, for brevity), from the
party-litigants relatives of litigants in the cases involving Josefina
Aljo and Pablo Maningo. The facts of each case are treated separately,
thus:
RE: Josefina Aljo case
Aljo testified that sometime in December, 1992, after being introduced
by Rev. Zacarias Perocillo, her church pastor, to APP Cabaron, she
sought the advice of the latter regarding five (5) bouncing checks
issued to her by Gemma Clausen. APP Cabaron and Brigida assured her,
"kami ang bahala diyan". On December 8, 1992, she brought the rubber
checks to APP Cabaron's office and Brigida prepared the
complaint-affidavit. A week later, Aljo went back to Cabaron's office
and as agreed upon, gave Brigida two envelopes: one, containing Five
Thousand Pesos (P5,000.00) as partial payment for the attorney's fees
of Atty. Quijano, and the other, containing Three Thousand Pesos
(P3,000.00) for Brigida.
The criminal complaint against Clausen was assigned to APP Cabaron for
preliminary investigation. During the hearing held in May 1993, Brigida
convinced Aljo, in the presence of APP Cabaron, to withdraw her
complaint against Clausen because the latter had showed them two (2)
checks worth one million (P1,000,000.00) pesos each, which she
(Clausen) could encash after forty-five (45) days. Aljo did not see the
checks but she trusted the Cabarons because they were recommended to
her by her church pastor. As per Brigida's instruction. Aljo signed the
affidavit of desistance prepared by Atty. Quijano. Brigida thereafter
reminded her to pay Atty. Quijano the balance of Seven Thousand Pesos
(P7,000.00) for his attorney's fees. Subsequently, Brigida borrowed the
amount of Ten Thousand Pesos (P10,000.00) from Aljo. At the expiration
of the forty-five day period. Aljo discovered that the said
million-peso checks was a "fraud".
Faith Petrocillo, pastor of the El Shaddai Congregation, testified that
Aljo authorized him to collect the Ten Thousand Pesos (P10,000.00) from
Brigida.
RE: Pablo Maningo case
Helen Maningo (Helen, for brevity), testified that on May 31, 1994, she
went to the Regional Office of the National Bureau of Investigation
(NBI) and executed a sworn statement against the Cabaron spouses in
connection with the arrest of Pablo Maningo, her brother-in-law, during
a raid in his house by elements of the PNP-CISC for illegal possession
of ammunition on April 19, 1994. The case against Pablo Maningo was
assigned to APP Cabaron for inquest. Helen and her companions attended
the inquest proceedings. Brigida interviewed Pablo Maningo and his
witnesses. APP Cabaron did not participate in the clarificatory
examination. When Pablo Maningo informed them that his lawyer was Atty.
Rolindo Navarro. Brigida recommended Atty. Quijano under the pretext
that Atty. Navarro had some personal conflict with APP Cabaron.
Brigida, in the presence of APP Cabaron, demanded and received from
Helen an acceptance fee of Twenty Thousand Pesos (P20,000.00) for Atty.
Quijano. Brigida promised Helen that the case could be amicably settled
with the help of APP Cabaron and two (2) other prosecutors. On April
22, 1994, Helen went back to APP Cabaron's office, as instructed, to
discuss the settlement of the case. Brigida informed her that the
amount needed for the three (3) prosecutors was Seventy-Five Thousand
Pesos (P75,000.00), to be delivered to the Cabaron residence. On the
next day. Helen, together with Florecita Lapag, gave the amount of
Fifty Thousand Pesos (P50,000.00) to Brigida. On April 28, 1994, APP
Cabaron and Brigida instructed Pablo Maningo to look for a military man
who would admit ownership of the seized ammunition. The idea baffled
Pablo Maningo since he thought that he had a good defense because the
place where the ammunition was seized was leased to Roberto Castanas.
As per Cabaron's instruction, an affidavit was prepared for SPO3 Maximo
Parawan of the Danao City Police Station. However, said officer,
although willing to have his name used in the memorandum receipt, was
reluctant to swear to a falsehood. Brigida reminded Helen of the
balance of Twenty-Five Thousand Pesos (P25,000.00) which was to be paid
on installment basis at Five Thousand Pesos (P5,000.00) per installment.
SPO3 Parawan corroborated the statements of Helen regarding the advice
to them of APP Cabaron to look for someone from the military or the PNP
who would admit ownership of the seized ammunition.
In defense, APP Cabaron denies the charge and avers that he dismissed
the aforestated complaint filed by Aljo against Clausen on the basis of
Aljo's affidavit of desistance.
With respect to the Maningo case, he contends that Helen Maningo, who
followed-up the complaint against Pablo Maningo, was discourteous and
demanding in asking for the early resolution of the case. He responded
by saying "I will resolve the case based on the evidence on record".
Helen's complaint against him before the Ombudsman was dismissed for
insufficiency of evidence. The similar case which was filed against him
by the NBI before the Ombudsman was also dismissed.
For her part, Brigida Cabaron argues that she never misrepresented
herself as an employee of the Department of Justice; that she never
transacted with Aljo, in that, she is able to fix her case by
proffering the services of Atty. Quijano as her lawyer; that she
borrowed money from Aljo in the course of the latter's business
undertaking and not with the promise to exert influence on APP Cabaron
to decide the case in her favor; and that, she had already paid her
indebtedness to Aljo.
With respect to the complaint filed by Helen Maningo against them,
Brigida claims that the first time she met Helen was in the office of
APP Cabaron when she was following-up a case. The second time was when
Helen went to their house, pleading that she be permitted to talk to
APP Cabaron.
After the formal investigation, the Secretary of Justice found that the
testimonies of the complainants and their witnesses were more credible
than those of the respondent, thus proving the imputation of grave
misconduct by substantial evidence, which is the quantum of proof
required in administrative cases. The affidavits in support of the
complaint were executed by disinterested persons who were not expected
to fabricate the same for purposes of lending credence to the complaint
and their statements were straightforward, consistent and logical even
when subjected to the intensive cross-examination by the defense
counsel. All the testimonies yielded the following: that Brigida
Cabaron was a permanent fixture in the office of APP Cabaron; her
imposition upon the complainants for the availment of the services of
Atty. Quijano, coupled with the demand for the payment of his
attorney's fees; and the collection of additional amounts for APP
Cabaron and herself.
APP Cabaron seemed to have been oblivious of the basic tenet that his
office is a public trust, which exacts moral righteousness and
uprightness. As such official, he must comport himself at all times in
such manner that his conduct, official or otherwise, can bear the most
searching scrutiny of the public who look up to him as the epitome of
integrity and justice.
WHEREFORE, APP Arturo G. Cabaron is hereby found administratively
liable for grave misconduct in the performance of his duties.
Consequently, he is hereby dismissed from the service with forfeiture
of all benefits and disqualification from re-employment in the
government service.
DONE in the City of Manila,
this 4th day of October, in the year of Our Lord, Two Thousand.
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