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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 23 -
IMPOSING THE PENALTY OF SUSPENSION FOR ONE (1) YEAR WITHOUT PAY ON
ASSISTANT PROVINCIAL PROSECUTOR CRISPULO TRUYA, PROVINCIAL PROSECUTION
OFFICE OF CEBU
This refers to the administrative complaint
filed by Jesus Gelig Sr. against Prosecutor Crispulo Truya, 4th
Assistant Provincial Prosecutor of Cebu, for gross negligence and
inefficiency in the performance of duty.
From the records, it appears that on August 26, 1991, complainant was
arrested by virtue of a warrant issued by the Municipal Circuit Trial
Court of Daabantayan-Medellin Cebu on charges of direct assault with
attempted homicide. The court conducted the preliminary investigation
and found probable cause to hold complainant for the offense charged.
Thereafter, complainant was brought to the Cebu Provincial Detention
and Rehabilitation Center where he was detained since October 3, 1991,
until he was ordered released by the Regional Trial Court of Cebu on
February 14, 1996, for having practically served the imposable penalty
of the offense charged.
Complainant alleged that the delay in the resolution of his case is
traceable to respondent's gross neglect in not filing immediately the
information in court after his case was elevated to the Provincial
Prosecution Office.
Respondent in his defense narrates that as far back as February 5,
1992, he had made his first draft of the information for direct assault
with attempted homicide against complainant herein, followed by a June
2, 1992 draft and followed by his last draft dated June 10, 1992. The
last draft, respondent claimed, bears a big check mark on the upper
left hand corner indicating that it was ready to be finalized.
Meanwhile, respondent prosecutor, on May 16, 1994, was suspended for
one (1) year for gross misconduct pursuant to Administrative Order No.
128 issued by this Office.
To exculpate himself, respondent submitted a photocopy of the
subscribed affidavit of desistance signed by complainant dated April 5,
1996. Respondent certified the affidavit to be a true copy of the
original on file.
Records show that complainant's case was assigned to respondent on
October 7, 1991. After the requisite preliminary investigation,
respondent recommended on September 30, 1995, the filing of an
information in Court. On October 23, 1995, the information was approved
for filing in court but it was actually filed in court only on February
1, 1996. On February 14, 1996, the Regional Trial Court dismissed the
case and ordered the release of complainant.
This brings us to the pivotal issue of whether or not respondent should
be held liable for gross negligence and inefficiency in the performance
of his duty as a prosecutor.
The Secretary of Justice found, after a formal investigation, that
respondent should be held administratively liable for the charges
aforementioned and be meted the penalty of suspension for one (1) year.
I concur with said findings.
It is clear that respondent violated DOJ Circular No. 35 dated
September 17, 1991 (amended by Department Circular No. 49 dated July
14, 1993 and further amended by Department Circular No. 24 dated March
24, 1995) which directed all prosecutors to observe a ninety (90)-day
reglementary period for capital offenses and a thirty (30) day
reglementary period for other cases within which to terminate and
resolve the preliminary investigation of all complaints assigned to
them. In the case at bar, the case was assigned to respondent on
October 7, 1991 and he had thirty (30) days or until Nov. 7, 1991
within which to resolve the case. However, it was only on September 30,
1995 that respondent finally prepared his comment and recommendation
enclosing therein the information against complainant. Thus, it can be
said that respondent sat on complainant's case from October 7, 1991 to
September 30, 1995, which is a span of almost four (4) years. This
clearly violates the right of an accused to a speedy trial.
A delay of close to four (4) years cannot be justified by any of the
arguments advanced by the respondent. Other than his drafts which were
still subject to finalization, respondent has not presented other
compelling evidence to rationalize the delay adverted to.
I find no merit in respondent's motion to dismiss based on an affidavit
of desistance purportedly executed by the complainant. Said affidavit
of desistance is only a photocopy of the original. As such, it is
inadmissible under the best evidence rule. Besides, I am not inclined
to dismiss the instant charge on account of the mere withdrawal of
charges or desistance by the complainant as such withdrawal does not
ipso facto discharge a respondent from liability especially when the
charges can be proved by other evidence independent of the complaint
and when the moral fitness of the employee is in question.. What is
more, complainant is not competent to pass upon the guilt or innocence
of respondent Truya.
I note that respondent prosecutor had been previously suspended for one
(1) year, pursuant to Administrative Order No. 128. Be that as it may,
respondent ought to have been more cautious and prudent in the
performance of his duties. Public officials are under obligation to
perform the duties of their office honestly, faithfully and to the best
of their ability.
WHEREFORE, premises considered, respondent Assistant Provincial
Prosecutor Crispulo Truya of Cebu is hereby found liable for gross
negligence and inefficiency in the performance of his duty.
Consequently, he is hereby suspended for a period of one (1) year
without pay, effective upon his receipt hereof, with a warning that he
shall be dismissed from the service upon a repetition of the same or
similar offense in the future.
Done in the City of Manila,
this 29th day of September in the year of our Lord, nineteen hundred
and ninety eight.
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