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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 63 -
IMPOSING THE PENALTY OF SUSPENSION FOR ONE YEAR WITHOUT PAY ON 2ND
ASSISTANT PROVINCIAL PROSECUTOR RODOLFO S. YANSON OF MAGUINDANAO
This refers to Administrative Case No.
91-0069 which the DOJ titled motu propio against 2nd Assistant
Provincial Prosecutor Rodolfo S. Yanson of Maguindanao (formerly
connected with the City Prosecution office of Cotabato City) for graft
and corruption.
The case stemmed from the Investigation Report dated November 26, 1990
of the NBI which found that respondent-prosecutor 1) misappropriated
for his own personal used and benefit the amount of P2,000.00
representing the cash bail bond posted by Floresto Balofinos, a
respondent in Criminal Case No. 391 for violation of Batas Pambansa
Bilang 22 of which Yanson was the public prosecutor; 2) received
various amounts on different dates from Balofinos allegedly as partial
settlement of the case, which amounts were also misappropriated by
Yanson; 3) misappropriated the evidence money P47,070.000 in I. S. No.
89-10-32 (People vs. Elpedio Carmelotes, et al.) for violation of PD
1602; and 4) had not turned-over the amount of P40,000.00, a part of
the loot in the robbery-holdup case of the AMANAH BANK in Cotabato
City, to the City Prosecutor's Office he transferred to the Office of
the Provincial Prosecutor of Maguindanao.
On June 26, 1991, the Chief of the Legal and Evaluation Division of the
NBI recommended that respondent-prosecutor be charged for 1) Estafa
thru False Pretense; 2) Theft; 3) Violation of paragraph 9, Sec. 3 of
R.A.. 3019, as amended.
On August 29, 1991, the entire records of OMB-ADM-3-91-0344 entitledo
Ching Ho versus Maminting Malli and Rodolfo Yanson was referred to the
DOJ for administrative adjudication.
Pursuant to DOJ Department Order No. 315, a formal investigation of the
administrative case was conducted.
In traversing the accusation, respondent-prosecutor categorically
denied having received the cash bail bond in the amount of P2,000.00
for the reason that the same was directly filed with the Clerk of
Court. He claims that if at all he received the total amount of
P21,000.00 from Balofinos as partial settlement of the case, it was
upon authority of complaining witnesso Ching Ho and with the imprimatur
of City Prosecutor Ortillano Tan. The said amount was returned on March
29, 1990. He further claims that the evidence money in I.S. No.
89-10-32 in the amount of P47,070.00 was returned on June 30, 1990.
The Secretary of Justice found respondent-prosecutor liable for gross
misconduct in office and recommended that the penalty of suspension for
one (1) year be imposed. The DOJ Secretary's recommendation is anchored
on his findings which regards:
"What we find questionable however are the acts of Yanson:
1)
2)
3)
I concur with the findings of the Secretary of Justice.
WHEREFORE, premises considered, respondent 2nd Assistant Provincial
Prosecutor Rodolfo S. Yanson is found liable for grave misconduct in
office. Accordingly the penalty of suspension for one (1) year without
pay is hereby imposed.
Done in the City of Manila,
this 10th day of July in the year of Our Lord, nineteen hundred and
ninety-three.
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