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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 24 -
IMPOSING THE PENALTY OF FORCED RESIGNATION ON 2ND ASSISTANT CITY
PROSECUTOR ALBERTINO P. MATA, JR. OF MANDAUE CITY
This has reference to the administrative
complaint filed against 2nd Assistant City Prosecutor Albertino P.
Mata, Jr., of the City Prosecution Office of Mandaue City, for
misconduct, conduct prejudicial to the best interest of the service,
habitual tardiness, unauthorized absences from office and refusal to
perform official duties.
Records show that City Prosecutor Ferdinand Peque of Mandaue City
repeatedly issued several memoranda (dated June 28, 1994, June 29,
1994, September 16, 1994, October 19, 1994, February 22, 1995 and April
29, 1995) directing Prosecutor Mata to attend to the cases assigned to
him because the cases under preliminary investigation, which by then
were increasing, had remained unresolved beyond the reglementary period
of sixty (60) days, while those cases pending trial had either been
postponed or provisionally dismissed due to his (Mata's) absences.
Relative to the cases pending trial, Regional State Prosecutor (RSP)
Hernando Masangkay of Region VII and City Prosecutor Peque were
furnished copies of various orders from the court where Prosecutor Mata
was the trial prosecutor, all indicating that the latter had not been
attending to the cases, thus resulting either to their postponement or
provisional dismissal.
Thereupon, in view of the failure of Prosecutor Mata to comply with the
aforementioned directives, City Prosecutor Peque formally lodged a
complaint against the former with the Office of the Regional State
Prosecutor of Region VII. RSP Masangkay then directed State Prosecutor
(SP) Primo C. Miro to conduct a formal investigation on the said
complaint against Prosecutor Mata who, despite the opportunity given
him, failed to submit any controverting evidence. Based solely on
complainant's allegations, SP Miro resolved the case and recommended
the dismissal from the service of Prosecutor Mata to which RSP
Masangkay concurred. Subsequently, Prosecutor Mata sought a
reinvestigation of the case which was followed by a letter of
resignation dated October 11, 1995. However, considering that said
resignation letter could not be acted upon due to the pendency of the
instant administrative case, the request for reinvestigation was
favorably considered.
In his comment/answer, respondent prosecutor admits having been remiss
in the discharge of his duties. According to him, he is experiencing
the so-called "mid-life crisis", adding that he has been feeling empty
and uncertain ever since he realized that he was getting older and that
his children had all grown-up. In the same comment/answer, he appeals
for compassion, promising to make amends by attending to his cases.
In his supplemental answer, respondent prosecutor avers that he has
taken step to address his failure. He explained that his lapses in his
official duties may be treated as "sins of omissions" since there is no
showing that his tardiness and absences in court was done willfully and
maliciously.
Pending termination of the reinvestigation, City Prosecutor Peque
issued another memorandum, again directing respondent prosecutor not
only to attend to his cases pending in court, but also to resolve those
under preliminary investigation which had been pending beyond sixty
(60) days and increasing in number from thirteen (13) in January, 1996,
to fifty-two (52) in March, 1996. Also, in the month of May, 1966, the
court again issued orders indicating that respondent prosecutor had not
bean attending to the cases assigned to him.
After reinvestigation, SP Miro found respondent prosecutor liable for
the offenses charged and recommended the latter's dismissal from the
service, which recommendation was concurred in by RSP Masangkay.
Although the Secretary of Justice found substantial evidence to hold
respondent prosecutor administratively liable of the offenses charged,
he merely recommended that respondent prosecutor be meted the penalty
of forced resignation instead of dismissal from the service.
I concur with the findings and recommendation of the Secretary of
Justice.
Indeed, respondent has been remiss in the discharge of his duties. His
commission of the acts complained of greatly undermines the people's
confidence in the prosecution service and ultimately in the
administration of justice. However, the imposition of the penalty of
dismissal against respondent would be harsh. The records show that
respondent has been in the faithful government service for the last
eighteen (18) years. Although respondent, in 1990, was admonished in
disciplinary proceedings to be more circumspect, diligent and dedicated
in the discharge of his official duties and responsibilities, it cannot
be denied that he actually mended his ways and rectified his past
failures. It was not until three (3) years later that he began to be
remiss in the performance of his duties. Taking into account the
foregoing circumstances and in the absence of any evidence showing that
the commission of the acts complained of were willfully and maliciously
done by the respondent not to mention his having tendered his
resignation, albeit during the pendency of the instant administrative
case, I agree that he deserves some measure of leniency and compassion
in meting out the penalty.
WHEREFORE, premises considered, 2nd Assistant City Prosecutor Albertino
P. Mata, Jr., of the City of Prosecution Office of Mandaue City is
hereby found administratively liable of the offenses charged.
Consequently, he is hereby meted the penalty of forced resignation,
effective fifteen (15) days after his receipt of a copy of this Order
as provided under Book VII, Sec. 15 of the Administrative Code of 1987.
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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