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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 36 -
DISMISSING FROM THE SERVICE ATTY. ENGELBERTO T. DE CASTRO, REGISTER OF
DEEDS OF OLONGAPO CITY
This is an administrative case against
Atty. Engelberto T. de Castro, Register of Deeds of Olongapo City, for
Dishonesty.
The case arose from an undated telegram and letter-protest dated
January 12, 1990, of Olongapo City Mayor Richard Gordon, opposing the
appointment of respondent De Castro as Register of Deeds of Olongapo
City, who has since assumed his position as such pursuant to the
appointment extended him by the then President on December 5, 1989, for
alleged involvement in the mass fraudulent registration of voters while
then Election Registrar of Olongapo City in 1987.
In a preliminary inquiry conducted by the Justice Department, it was
found that, based on the circumstances surrounding respondent's
appointment as Register of Deeds of Olongapo City, a prima facie case
exists against him for Dishonesty. Thus, on February 27, 1990, he was
formally charged with Dishonesty for having deliberately withheld and
omitted certain facts material in the evaluation of his qualifications
in relation to his application for appointment to the position of
Register of Deeds.
In his letter-reply of March 15, 1990, respondent denied the charge as
baseless and claimed that it was intended merely to harass him. He
alleged that when he was interviewed by then Justice Secretary Sedfrey
Ordoñez, he confided his employment history, including his
employment with the COMELEC, and the criminal complaints previously
filed against him. he then opted for a formal investigation, which was
promptly conducted by the Department of Justice.
After due hearing, the Investigating Committee created under Department
of Justice Circular No. 42, dated march 6, 1990, found the charge
against respondent to be amply substantiated, based on the following
factual findings:
(a)
(b)
(c)
(d)
Based on the foregoing, the Acting Secretary of Justice, in a letter to
this Office, dated July 31, 1991, recommended that respondent be
dismissed from the service for deliberately concealing material facts
about his previous employment and criminal record to mislead the
appointing authority that he has an unblemished employment record and
possesses the requisite integrity and qualifications required for
appointment to the position of Register of Deeds, which concealment of
material facts is tantamount to dishonesty.
After careful review, we find Atty. De Castro guilty of dishonesty in
not disclosing his previous employment with COMELEC and his subsequent
dropping from its rolls. However, we find that the non-disclosure of
the prior criminal charges filed against De Castro to be justified. The
Personal Data Sheet asked for "any pending administrative/criminal
case". At the time he filled-up his Personal Data Sheet, indeed, De
Castro had no pending criminal case. The last charge having been
dismissed thirteen years before he filled-up CSC Form No. 212.
WHEREFORE, and as recommended by the Acting Secretary of Justice, Atty.
Engelberto T. De Castro is hereby DISMISSED from the service as
Register of Deeds of Olongapo City, effective fifteen (15) days after
receipt by respondent of a copy of this Order.
DONE in the City of Manila,
this 9th day of February in the year of Our Lord, Nineteen Hundred and
Ninety-Three.
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