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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 25 -
DISMISSING FROM THE SERVICE FIRST ASSISTANT PROVINCIAL PROSECUTOR
DIOSDADO S. IBAÑEZ OF THE PROVINCIAL PROSECUTION OFFICE OF TARLAC
This refers to the administrative complaint
filed by Mrs. Norma L. Baldos against First Assistant Provincial
Prosecutor Diosdado S. Ibañez of the Provincial Prosecution
Office of Tarlac, for Extortion, Dishonesty and Gross Misconduct.
The relevant antecedent facts are stated in the Memorandum for the
President, dated November 4, 1992, of the Secretary of Justice, to wit:
"Complainant
alleges that she is the widow of PNP Senior Inspector Macario Baldoz,
whose killing was the subject of a preliminary investigation, docketed
as Criminal Case No. 4719 entitled 'People vs. Caesario Millo, et al.',
before the Municipal Circuit Trial Court (MCTC) of Gerona, Tarlac. The
court found a prima facie case for double murder against the accused.
The case was elevated to the Office of the Provincial Prosecutor of
Tarlac for action. Respondent prosecutor was assigned to review the
resolution of the MCTC. It was during his review of the case that
respondent prosecutor demanded P10,000.00 in consideration of his
affirmance of the resolution of the MCTC. Complainant was only able to
pay over P1,000.00 to respondent prosecutor. Consequently, in a
resolution dated 6 March 1992, respondent prosecutor found prima facie
cases for double homicide only against two (2) of the respondents while
dismissing the case against the other respondents for insufficient
evidence.
"In
a last Indorsement dated 28 April 1992, the Office of the Regional
State Prosecutor, Region III, was directed to conduct a formal
investigation of the complaint.
"As an initial step in the
investigation, the Regional State Prosecutor wrote complainant to
appear and verify her complaint which complainant complied with.
"Thereafter, the complaint was
transmitted to respondent prosecutor on 26 May 1992 for his comment
and/or answer and the formal investigation was scheduled for 20 and 30
July 1992. Respondent prosecutor submitted his comment and/or answer
dated 17 July 1992 sometime on 25 July 1992. Likewise, the notices for
hearing were shown to have been received by him. Despite receipt,
respondent prosecutor failed to appear at the formal investigation.
"In his written comment,
respondent prosecutor denies the charge against him and avers that
complainant, together with her half-brother, Wilfredo Manguera,
approached him, through the office's process server, Antonio V.
Leaño, to inveigle him to affirm the finding and resolution of
the MCTC. He promised that he would consider the case carefully.
Sometime thereafter, complainant again went to respondent prosecutor's
house to plead with him and, as she was leaving, left P1,000.00 with
him. Realizing later that he could not justify any action based on the
conditions attached to the amount left by complainant, he called
Antonio Leaño and advised him to return the money to
complainant. The money was subsequently turned over to Wilfredo
Manguera, complainant's half-brother who, instead of giving the money
back to complainant, went to the wife of Leaño and deposited the
same with her.
"In view of the foregoing, the
Office of Regional State Prosecutor found respondent prosecutor liable
for the offense of 'receiving for personal use of a fee, gift or other
valuable thing in the course of official duties or in connection
therewith when such fee, gift or other valuable thing is given by any
person in the hope or expectation of receiving a favor or better
treatment than that accorded to other persons' and, pursuant to R.A.
6713 (the 'Code of Conduct'), P.D. 807, as amended (the 'Civil Service
Law') and Civil Service Commission Resolution No. 89-506 dated 20 July
1989, recommends the dismissal or forced retirement of respondent
prosecutor from the service."
The Secretary of Justice, in the aforesaid memorandum, concurred in the recommendation of the Regional State Prosecutor for respondent's dismissal from the service. We quote the pertinent findings and conclusions of the Secretary of Justice.
"The
issue of whether or not respondent prosecutor demanded from
complainant, or was merely given the amount of P1,000.00, in
consideration for an action which he might take in the course of
dispensing his functions as a public prosecutor, is insignificant. The
undisputed fact is that he received P1,000.00 from the complainant
under circumstances which would not have been made possible had not
respondent prosecutor been in his position as such and tasked with the
review of the resolution from the MCTC. Respondent prosecutor misused
his office to his personal aggrandizement.
"Respondent prosecutor's
admission of receiving and later returning the amount because he could
not legally sustain the findings of the MCTC, is positive proof of
gross misconduct in office. He could have, if his intentions were
upright and above suspicion, immediately returned the money left by
complainant. Instead, the said amount is allegedly lodged with the wife
of his cohort, Antonio Leaño.
"WHEREFORE,
considering the foregoing, it is respectfully recommended that First
Assistant Provincial Prosecutor DIOSDADO S. IBAÑEZ of Tarlac be
DISMISSED from the service with forfeiture of all salaries and benefits
which may be due him."
After circumspect review, I am in complete accord with the above findings and recommendation of the Secretary of Justice. The evidence unerringly suggest that respondent received the amount in question in consideration of the favor which complainant was seeking from him. Such being the case, his continuance in office will definitely tarnish the good name of the prosecution service, to say nothing of the fact that it will imperil the dispensation of fair and impartial justice. Needless to stress, a public office is a position of trust and public service demands of every government office or employee, no matter how lowly his position may be, the highest degree of responsibility, integrity and honesty.
WHEREFORE, and as recommended by the Secretary of Justice, respondent First Assistant Provincial Prosecutor Diosdado S. Ibañez of Tarlac, is hereby DISMISSED from the service, with forfeiture of all salaries and benefits which may be due him, effective upon receipt of a copy hereof.
Done in the City of Manila, Philippines, this 28th day of December, in the year of Our Lord nineteen hundred and ninety-two.
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