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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 35 -
SUSPENDING MR. MANOLITO C. ESPINO FROM OFFICE AS ASSISTANT PROVINCIAL
FISCAL OF RIZAL.
This refers to the administrative complaint
filed by Genaro Caballegan and Elsa Gelito against Rizal Assistant
Provincial Fiscal Manolito C. Espino for negligence, in-action and acts
inimical to public interest.
Complaints' administrative complaint revolves mainly on the failure of
Fiscal Espino to resolve I.S. No. 77-9877 for more than one year, which
complaint was filed on September 5, 1977, against Angelo Leynes, et.
al., for trespass to dwelling, theft, damage to property, grave
coercion, usurpation of public function and violation of Presidential
Decree No. 20.
In his answer, Fiscal Espino did not dispute that he failed to resolve
the case within one year as alleged by complainants. In fact, in a
subsequent letter-explanation, dated December 22, 1980, the said Fiscal
admitted that he resolved I.S. No. 77-9877 only on December 29, 1979,
or after a lapse of more than two (2) years from the date the same was
filed. He explained, however, that the delay was caused by the volume
of work consisting of preliminary investigations in the morning and
hearings before the court in the afternoon, coupled with the task of
conducting ocular inspections in some cases; by his lack of
stenographer and typewriter, which hampered the resolution of cases
investigated by him; and, with respect to I.S. No. 77-9877, by the fact
that he was waiting for the respective memoranda of the parties, which
the latter manifested they would submit after the clarificatory
investigation.
On December 9, 1981, the then Minister (now Secretary) of Justice
recommended that respondent be suspended for fifteen (15) days without
pay. On December 9, 1986, the then Deputy Minister (now Undersecretary)
of Justice reiterated the foregoing recommendation.
WHEREFORE, and as recommended by the Secretary of Justice, in which I
fully concur, Mr. Manolito C. Espino is hereby suspended from office as
Assistant Provincial Fiscal of Rizal for a period of fifteen (15) days
without pay, effective upon receipt of a copy of this Order.
Done in the City of Manila,
this 21st day of September, in the year of Our Lord, nineteen hundred
and eighty-seven.
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