ADMINISTRATIVE ORDER NO. 48 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON MANILA ASSISTANT
CITY PROSECUTOR ROMEO C. SAMPAGA
This refers to the administrative complaint
for violation of Sec. 7(d) of Republic Act (R. A.) No. 6713 and
Sec. 22 (j), Rule XIV of the Omnibus Rules Implementing Book V of
Executive Order (E.O.) No. 292 (Administrative Code of 1987) filed
against Assistant City Prosecutor Romeo C. Sampaga of the Prosecutor's
Office of Manila for contracting a loan of money from a complaining
witness in a case he handled as a prosecutor.
The record shows that on November 7, 1997, respondent Prosecutor
Sampaga, who was then assigned as a public prosecutor at Branch 7 of
the Metropolitan Trial Court of Manila, contracted a loan of five
thousand pesos (P5,000.00) from Anna Leonicia V. Morales, a complaining
witness in a slander by deed case pending before the said court. When
respondent prosecutor failed to pay the said loan, complainant Anna
Leonicia Morales filed the instant administrative complaint against the
former in the Department of Justice.
During the hearing of the administrative complaint in the Department of
Justice, respondent prosecutor failed to rebut complainant's evidence
despite sufficient period of time given to him to present his defense.
Consequently, the Secretary of Justice found respondent prosecutor
guilty of contracting a loan of money from a person with whom he had
business relations in violation of Sec. 7 (d) R.A. No. 6713 and
Sec. 22 (j), Rule XIV of the Omnibus Rules Implementing Book V of
Executive Order No. 292 (Administrative Code of 1987). The penalty of
dismissal from the service was recommended by the Secretary of Justice.
The findings and recommendation of the Secretary of Justice appear in
order.
Indeed, contracting a loan of money from any person in the course of
one's official duties or with whom the office of the public official
concerned has business relations is an unlawful and prohibited act
under Sec. 7 (d) of R.A. No. 6713, Sec. 46 (b) (23) of Book V of
Executive Order (E. O.) No. 292 (Administrative Code of 1987), and
Sec. 22 (j) of Rule XIV of the Omnibus Rules Implementing Book V of
Executive Order No. 292. The said laws consider this illegal act as a
grave offense that is punishable by dismissal from office even if the
same was committed by the respondent as a first offense. The rationale
for this is that it is the policy of the State to promote a high
standard of ethics in the public service wherein public officials and
employees should at all times be accountable to the people and should
discharge their duties with utmost responsibility, integrity and
competence (Sec. 2, R.A. No. 6713). Respondent prosecutor clearly
breached this State policy.
WHEREFORE, premises considered, and as recommended by the Department of
Justice, respondent Assistant City Prosecutor Romeo C. Sampaga is
hereby dismissed from the service with forfeiture of leave credits and
retirement benefits, and disqualification for re-employment in the
government service effective from receipt of this order.
Done in the City of Manila,
Philippines, this 25th day of November, in the year of our Lord, two
thousand and two.
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