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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 212 -
IMPOSING THE PENALTY OF SUSPENSION FROM OFFICE OF ASSISTANT CITY
PROSECUTOR OF MANILA FOR NEGLECT OF DUTY
This refers to the administrative complaint
against Assistant City Prosecutor Macmod Sangca of Manila for gross
neglect of duty.
Records show that on July 7, 1989, a certain Eptacia J. Gutierrez filed
a criminal complaint with the Office of the city Prosecutor of Manila
against Constancio Simangan, et al. for estafa through falsification of
public documents, The complaint was docketed in the said officer as
I.S. No. 89-48955 and assigned to Assistant City Prosecutor Macmod
Sangca for preliminary investigation on December 19, 1989. When the
instant complaint was filed by Gutierrez on February 13, 1992, the case
was still unresolved filed by complainant's counsel,
Atty. Mauricio C. Ulep,
In a 1st Indorsement dated March 4, 1992, respondent prosecutor was
required by the Department on the complaint against him. There evidence
but still, he failed to do so. Consequently, the said Department
formally charged him with the administrative offense of gross neglect
of duty on August 16, 1994. Respondent was still unable to file his
answer to the complaint despite several opportunities accorded him
during the formal investigation.
Based on the uncontroverted evidence of the complaint on record it is
crystal clear that Prosecutor Sangca failed to resolve I. S. No.
89-48955 within and way beyond the period of sixty (60) days from date
of assignment as prescribed by then Ministry (of Justice) Circular No.
1 dated January 8, 1985, as amended. Since the case was assigned to him
for preliminary investigation on December 19, 1989, the same remained
unresolved for almost five (5) years as of September, 1994 when the
instant complaint was being formally investigated. Such omission in
resolving the case assigned to him cannot so unpunished.
Wherefore, premises considered, respondent prosecutor Macmod Sangca is
hereby found liable for neglect of duty and is meted the penalty of
suspension from office for one hundred twenty (120) days without pay
with a warning that a commission of a similar offense in the future
will be dealt with more severely.
Done in the City of Manila,
this 23rd day of August, in the year of Our Lord, nineteen hundred and
ninety-five.
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