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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 64 -
SUSPENDING FOURTH ASSISTANT PROSECUTOR PATERNO S. SOYANGCO OF RIZAL
FROM OFFICE
This pertains to the administrative
complaint filed by Rodolfo Tagle against Fourth Assistant Provincial
Prosecutor Paterno S. Soyangco of the Provincial Prosecution Office of
Rizal, for Ignorance of the Law, Blatant Disregard of the Law on
Preliminary Investigation, and Conduct Unbecoming of a Public Officer.
The antecedent facts are stated in the letter of the Secretary of
Justice to the President, dated January 16, 1993, to wit:
"It
appears that on August 17, 1990, complainant Rodolfo Tagle filed a
criminal case for robbery against Pedro dela Rosa and Andres dela Rosa
docketed as I.S. No. 90-6386. The case was assigned to respondent
prosecutor for preliminary investigation after which he issued a
resolution, dated May 23, 1991, recommending the dismissal of the case.
"Complainant now claims that:
1)
2)
3)
"In
his answer, respondent prosecutor alleges that his resolution
recommending the dismissal of the case was based on the evidence on
record, thoroughly reviewed by the reviewing prosecutor and ultimately
approved by the Provincial Prosecutor. Thus, said resolution is an
office resolution and not his resolution alone.
"As regards the apparent delay
on the resolution of the case, respondent prosecutor explain that the
complaint for robbery is rather complicated, such that several settings
were scheduled for clarificatory questioning, and that he gave the
parties ample time to settle the case amicably. He claims that the
delay in the disposition of the case is unavoidable, because he has to
travel from his residence in Navotas to his court assignments in
Pateros and Taytay in the morning. From Pateros and Taytay, he would
travel back to his office in Kapitolyo, Pasig to attend to preliminary
investigations and inquests, which consume a good deal of his working
time, thereby affecting his health and diminishing his efficiency."
The DOJ, in the aforesaid letter, observed and ruled in this wise:
"While
there is no sufficient basis to hold respondent prosecutor
administratively liable for the dismissal of I.S. No. 90-6386 for
robbery, we find the delay in the resolution of the case as violative
of the rules on preliminary investigation.
"Ministry of Justice Circular
No. 1 dated January 7, 1985, provides that preliminary investigations
shall be terminated within sixty (60) days from the date of filling of
the complaint. It may be extended by the head of office concerned for
valid and meritorious reasons but in no case to exceed thirty (30)
days. Record shows that the complaint was filed on August 17, 1990.
Respondent prosecutor resolved the case only on May 23, 1991, or eight
(8) months from the filing of the complaint. He should have acted on
the said case within a reasonable period of time with the end in view
of giving speedy justice consistent with due process.
"Further, respondent prosecutor
failed to refute complainant's allegation that he boasted being a
'Fiscal Areglo'. Likewise, there is no refutation of complainant's
allegation that he was drinking liquor with respondents (in the
criminal complaint) and that he would always reek of liquor whenever he
would report to his office in Pasig. These to our mind, constitute acts
unbecoming of a public officer. A public officer should hold himself up
in high esteem and with utmost dignity. A prosecutor should be
circumspect in his behavior and the words he utters for, to his
community, he stands as a symbol of the law. His behavior in everyday
life should always be beyond reproach (Martin, Legal and Judicial
Ethics, 4th Edition, p. 277).
"WHEREFORE,
finding respondent prosecutor to be administratively liable for
violating reasonable office rules and regulations and for disgraceful
conduct, it is hereby recommended that he be meted the penalty of
suspension for a period of three (3) months without pay."
After going over the records of the case, I agree with the findings of the Secretary of Justice. Indeed, respondent's delay in the resolution of I.S. No. 90-6386 was unjustified and, hence, constitutes a violation of the rules and regulations on the conduct of preliminary investigation. Considering his lofty position, respondent should have been more circumspect in the discharged of his duties, since his primordial task is the promotion of a fair and speedy disposition of cases. Furthermore, respondent's taking of alcoholic drinks during office hours, which not only impairs his judgment but also tarnishes his image and reputation as prosecutor, tends to erode the people's confidence in the fair and impartial dispensation of justice. By his actuations, therefore, respondent had shown a clear departure from the strict norms of conduct laid down for members of the prosecution service.
WHEREFORE, and as recommended by the Secretary of Justice, Fourth Assistant Provincial Prosecutor Paterno S. Soyangco of Rizal is hereby SUSPENDED from Office for three (3) months without pay, effective upon receipt hereof.
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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