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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 30 -
DISMISSING ASSISTANT CITY PROSECUTOR ROMULO T. TORRES WITH FORFEITURE
OF ALL BENEFITS
This refers to the administrative
complaint, dated April 19, 1991, against Assistant City Prosecutor
Romulo T. Torres of the Office of the City Prosecutor of Cebu for grave
misconduct.
Antecedent facts show that Natividad C. Aglipa executed an affidavit,
dated February 11, 1991, the pertinent portion of which is quoted
hereunder for easy reference, to wit:
xxx
5.
6.
7.
Subsequently, I was made to sit down and say the rosary. Torres said
'PAG AMPO DINHA SUNOD PAKAN-ON KA NAMO PAG AYO KAY KARON RA ANG
IMONG KATAPUSAN, UNYA DADON KA NAMO SA TAGONOL'.
After saying this Torres again hit me in the head, pulled a gun and got
hold of my hair and asked me to open my mouth. . . . To his plea Torres
shouted at my face and said, 'DI KO SI FISCAL TORRES KARON SI JUDAS KO'.
During all this time I have noticed that Torres and Agong are drunk.
8.
After this I was made to stand up, the gun was already placed by Torres
in the table. I opened my eyes while still crying and I saw Virgie hand
to Torres money. Later Torres asked Agong is Esteban has already
arrived. Torres said 'Ni abot na be si Teban kay ato na ning ipada ning
salbahis sa Tagonol.' I later learned that they were referring to
Esteban the CAFGU member and that Tagonol is a known salvaging dumpsite.
xxx
11.
Enclosed herewith are photocopies of the medical certificates marked as
Annexes # A, B, C which evidences the injury suffered by the affiant,
and is made an integral part of this sworn statement.
After receiving medical treatment in Cebu City Medical Hospital, my
mother prevailed upon me, notwithstanding my desire to rest, to have
the case entered in the police blotter. In the Police Station of Taboan
I narrated what I was able to recall at that time.
Enclosed herewith as Annex # D is a photocopy of the entry of the
Police Blotter in the Taboan Police Station, which is made an integral
part of this sworn statement;
xxx
Based on the above affidavit, Cebu City Prosecutor Jufelinito R.
Pareja, instituted with the Department of Justice (DOJ) an
administrative complaint, dated April 19, 1991, docketed as ADM. CASE
No. 91-0038, against Assistant City Prosecutor Torres.
In a 1st Indorsement of May 10, 1991, then DOJ Undersecretary Bello
directed respondent to file his answer/comment on the complaint and in
a memorandum, dated July 10, 1991, DOJ Secretary Drilon preventively
suspended respondent for ninety (90) days pending the final
investigation of the case. As directed, respondent submitted his
answer, attaching therewith several affidavits.
A formal investigation was conducted by the DOJ on October 16, 17, and
18, 1991. Thereafter, the DOJ submitted a memorandum report, dated
November 29, 1991, the highlights of which are reproduced hereunder,
thus:
xxx
"The complainant presented
during the formal investigation of the case her sworn complaint against
respondent prosecutor and machine copies of the Police Blotter of the
Taboan Police Station including the medical certificate issued by the
physicians of the Cebu City General Hospital who treated her
immediately after she was manhandled by Prosecutor Romulo T. Torres.
"The respondent, on his part,
presented the spouses Feliciano and Virginia Mandipol, Fortunato Abarca
and Melvin Ocampo who all testified that Natividad Aglipa is a known
swindler and when she arrived at the Mandipol residence she was
apparently drunk. These witnesses testified she was only admonished by
Prosecutor Romulo T. Torres and Rolando Dacayana to stop her
unscrupulous means of earning a living. The witnesses claimed that no
mauling incident ever transpired, nor was there any heated argument.
xxx
"During the hearing, the
witnesses for respondent claimed that Natividad C. Aglipa filed charges
against Prosecutor Romulo T. Torres because she got embarrassed when
the prosecutor admonished her and she wanted to get even with the
prosecutor.
"It
was observed, however, by the Department of Justice that complainant
and respondent have known each other long before the incident and there
is no animosity between them which would prompt the complainant to file
a baseless complaint.
"After a careful perusal of the
pleadings submitted by the parties concerned, and hearing their
testimonies during the formal investigation, including the witnesses,
the Department of Justice finds the defense put up the respondent
devoid of merit.
"As a general rule, the number
of witnesses presented cannot overcome the testimony of a more credible
witness. The witness presented by the respondent were dove-tailing as
to the events that transpired prior, during and after the mauling
incident. These witnesses claimed that there was no heated argument
that transpired that fateful night, however, the respondent prosecutor
admitted in his counter-affidavit that a heated argument transpired
when he confronted and admonished the complainant as to her malicious
ways of swindling other people. If there was such a heated argument,
and if complainant really shouted at the top of her voice, the other
witnesses would not have missed noticing the incident.
"xxx
"The medical certificates
presented, including the records gathered by the undersigned from the
hospital where complainant sought medical assistance, would show that
complainant suffered injuries on the night she was unlawfully
manhandled. The injuries sustained by complainant were seen and
examined by licensed physicians and could not possibly have been
maliciously self-inflicted.
"xxx
"The counter-affidavit submitted
by respondent Prosecutor Romulo T. Torres overturned the credibility of
the same witnesses he presented. The counter affidavit submitted
overshadowed the testimonies of the witnesses that no heated argument
transpired between the complainant and the respondent.
"Although
respondent was able to present witnesses for his defense, still, the
injury sustained by the victim Natividad C. Aglipa speaks for itself,
that is: that she was mauled on December 21, 1990. The complainant's
testimony is more convincing and credible than the defense witnesses.
In passing, firearms are being issued the City Government of Cebu City
to the City Prosecutor for sell-defense and protection."
In all, the DOJ found that Torres unlawfully manhandled and physically harmed complainant Aglipa with the use of a firearm subjecting complainant to pain, humiliation, and extreme fear. Accordingly, the department recommended the dismissal of respondent from the service with forfeiture of all benefits.
After a circumspect study of the record, I found the indisputable fact that, after respondent confronted Aglipa in the house of Spouses Mandipol in the night of December 21, 1990, Aglipa sustained injuries that could not have been self-inflicted; that complainant was not impelled by vindictive motivations in filing the herein complaint; and that the herein complaint; and that the herein complaint is supported by evidence sufficient to establish the guilt of respondent.
The affidavit of complainant, as substantiated by medical certificates (Annexes "A", "B", "C") and the Police Blotter (Annex "D"), is more credible, as correctly found by the DOJ, than the inconsistent affidavits and conflicting testimonies of respondent's witnesses.
Inflicting bodily harm on a helpless woman under humiliating circumstances is by itself odious. It becomes contemptible if a public official tasked with prosecution of crimes commit the offense. Such an officer does not deserve to remain in the public service.
WHEREFORE, premises considered, Assistant City Prosecutor Romulo T. Torres is hereby found guilty of grave misconduct. Accordingly, and as recommended by the Department of Justice, he is hereby DISMISSED from the service with the forfeiture of all benefits, effective fifteen (15) days after his receipt of a copy of this Order pursuant to Book VII, Chapter 3, Sec. 15, of the 1987 Administrative Code.
Done in the City of Manila, this 21st day of January in the year of Our Lord, nineteen hundred and ninety-three.
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