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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 154 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE WITH FORFEITURE OF
ALL THE BENEFITS UNDER THE LAW, ON 1ST ASSISTANT CITY PROSECUTOR LUCAS
M. CASTAÑOS OF ORMOC CITY
This refers to the administrative complaint
against 1st Assistant City Prosecutor Lucas Castaños of the
Office of the City Prosecutor of Ormoc, for grave misconduct and
disgraceful and immoral conduct.
The record shows that Prosecutor Castaños was then the public
prosecutor assigned in the sala of Judge Escaño. Sometime in
June, 1992, Judge Escaño was visited in his house by a certain
Mr. Nevardo Flores, who was charged with murder and illegal possession
of firearms before his court, to verify whether or not his (Flores)
cases would be dismissed if he would give P80,000.00 to respondent
prosecutor. Alarmed that his name was apparently being used by
Prosecutor Castaños in extorting money from parties-litigants,
Judge Escaño conducted his own discreet investigation and
discovered that Prosecutor Castaños made similar demands from
several accused who had pending cases in his sala, to wit: (1) from Mr.
Victor Espina, who was accused of attempted murder and illegal
possession of firearm; (2) from Mrs. Gloria Alba, wife of Rolando Alba,
who was accused of and later convicted for possession of prohibited
drugs; (3) from one Peregrino, who was accused of and later convicted
for illegal possession of firearms; (4) from one Sacay, who was accused
of and later convicted for homicide; (5) from Jerry Loreno, who was
accused of and later acquitted for murder and illegal possession of
firearm; (6) from one Palmitos, who was accused of estafa; (7) from
Raul Chu, who was accused of attempted murder; and (8) from Francisco
Agapito who was accused of and later acquitted for violation of Sec. 68
of PD 705.
On July 27, 1992, Judge Escaño received a poison-letter
attributing to him corrupt activities in connection with cases being
tried by him but which letter he suspected to have been authored by
respondent prosecutor. The said letter was examined by the NBI and,
upon Judge Escaño's request, NBI, Senior Agent Mario C.
Tonolete, conducted an investigation wherein Nevardo Flores, Judith and
Eufemia Matuguina, Victor Espina, Constantino Abellera, Letecia Pernito
and Gloria Cayabo de Alba, testified to the alleged corrupt and immoral
activities of respondent prosecutor.
Nevardo Flores confirmed the fact that respondent prosecutor asked him
to produce P80,000.00 for the dismissal of his cases and even suggested
that he sell his land, tricycle and borrow money in order to raise the
amount. He went to the house of Judge Escaño to inquire if the
latter would dismiss his case if he would give P80,000.00 to respondent
prosecutor. Although he failed to give the said amount, he,
nevertheless gave respondent prosecutor the amount of P3,000.00 in
consideration for the latter not to conduct a cross-examination. Half
of the said amount was delivered to respondent prosecutor thru his
fixer, a certain Valentin, and the other half was delivered by him
personally to respondent prosecutor.
Judith and Eufemia Matuguina, the widow and mother, respectively, of
victim Oscar Matuguina, of which Nevardo Flores was accused of murder,
deny having agreed to a "transaction" involving the P80,000.00 demanded
by respondent prosecutor much less did they authorize the latter to
negotiate for the settlement of the case.
Victor Espina states that respondent prosecutor demanded P40,000.00
from him to settle his cases. He was able to give respondent prosecutor
only P5,000.00, P3,000.00 of which was delivered thru Army Sgt.
Constantino Abellana while the P2,000.00 was given to respondent
prosecutor thru his lawyer, Atty. Benjamin Militar.
Constantino Abellana confirmed his receipt from Victor Espina of the
amount of P3,000.00 which he, in turn, delivered to respondent
prosecutor at the latter's house in Ormoc Heights, Ormoc City.
Gloria Alba avers that on three (3) different occasions, respondent
prosecutor forced her to have sex with him, each time before trial was
held in the criminal case involving her husband Rolando Alba, who was
charged with and later convicted of illegal possession of prohibited
drugs. She consented to have sex with respondent prosecutor as she was
made to believe that respondent prosecutor would go easy on the trial
of her husband's case.
Finally, Jose Burgos, Jr., an environmental consultant at PASAR in
Isabel, Leyte, states that respondent prosecutor demanded from him the
amount of P10,000.00 in consideration of an expeditious and favorable
resolution of the criminal complaints he filed against some squatters.
He did not give any money and his complaints were dismissed.
Prosecutor Castaños denies the charge. He has allegedly no
knowledge of Flores going to the house of Judge Escaño much less
did he ever demand money from him in connection with the cases pending
in Judge Escaño's sala. It is a truism in criminal procedure
that the fate of a party in a criminal case is in the hands of the
judge handling the case and not with the prosecutor whose duty is to
pursue its prosecution. When Judge Escaño set a confrontation
conference in his chamber, Flores himself categorically denied, in his
presence and that of Atty. Regulo Bantanan (private prosecutor) his
participation or his involvement relative to the P80,000.00 which was
intended to be given to the complainant in the murder case as sort of a
compromise in the said case.
Respondent prosecutor further states that he has no knowledge of the
alleged poison-letter sent to Judge Escaño. While the NBI was
requested to investigate the supposed source of the said letter, the
investigation resulted in a finding of his alleged corrupt activities,
without giving him the opportunity to defend the accusations. Judge
Escaño has harbored ill-feelings against him, the former
strongly suspecting that he was the author of the poison-letter. As a
pre-emptive move, Judge Escaño filed the instant complaint
against him.
Regional State Prosecutor Francisco Q. Aurillo, Jr. of Region VIII, was
directed to conduct a formal investigation in the instant
administrative complaint. However, respondent prosecutor expressly
waived his right to a formal hearing or investigation while
complainant, on the other hand, submitted the case for resolution
without further hearing. Upon the evidence on record, RSP Aurillo found
respondent prosecutor administratively liable for his corrupt
activities, using his office to extort money and sex from persons
having official business with him as a public prosecutor. Respondent
prosecutor was thus recommended to be meted a penalty of dismissal from
the service.
After a careful evaluation of the record of the case, the Secretary of
Justice finds Prosecutor Castaños liable for grave misconduct
and disgraceful and immoral conduct and recommends his dismissal from
the service with forfeiture of benefits under the law.
I concur with the findings of the Secretary of Justice.
What is exposed by the uncontroverted sworn statements of witnesses is
the spectacle of respondent prosecutor extorting money and sex from
persons having official business with him as a public prosecutor. This,
undeniably, is an outrageous act manifesting a corruption of justice
that cannot be countenanced.
Respondent prosecutor's bare denial regarding his demands and receipt
of money as well as his attribution of ill-motive on the part of
complainant are insufficient to controvert the positive testimonies of
witnesses that he demanded and received money, not to mention the sex
solicitations he made, in exchange for whatever consideration he could
give relating to the cases being prosecuted by him.
Indeed, respondent prosecutor's acts constitute the actionable
administrative offenses of abuse of authority, extortion and blackmail,
immorality and acts highly improper and unbecoming of a public
prosecutor. His commission of the acts complained of being highly
anomalous and reprehensible erodes the credibility demanded of a public
prosecutor in regard to dispensing justice. Although we are not
unmindful of the repercussions in meeting the extreme penalty of
respondent prosecutor's dismissal from the service, the interest of
public service being paramount cannot, however, be compromised by the
unlawful acts committed which indubitably tarnished the prosecution arm
of the government.
WHEREFORE, premises considered, Assistant City Prosecutor
Castaños, 1st Assistant City Prosecutor of Ormoc, is hereby
found liable for grave misconduct and disgraceful and immoral conduct.
Consequently, his dismissal from the service with forfeiture of all
benefits under the law is hereby imposed, effective fifteen (15) days
after his receipt of a copy of this Order pursuant to Book VII, Sec. 15, of the Administrative Code of 1987.
Done in the City of Manila,
this 27th day of October 1994, in the year of Our Lord, nineteen
hundred and ninety four.
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