ChanRobles Virtual law Library
PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
:
ADMINISTRATIVE ORDERS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
ADMINISTRATIVE ORDER NO. 77 -
SUSPENDING DONATO T. JIMENEZ, ASSISTANT FISCAL OF ILAGAN, ISABELA
This is an administrative case for
immorality against Donato T. Jimenez, Assistant Fiscal of Ilagan,
Isabela.
In her letter-complaint of April 28, 1985, Ruth P. Macarubbo charged
respondent fiscal with immorality, alleging that: a) in 1982, while she
was employed as private secretary of respondent, then a private
practitioner, she was asked to accompany him to several places; b)
during these trips, respondent succeeded in having carnal relations
with her and, thereafter, she "occasionally cohabited with him at our
house at Gosi, Tuguegarao, Cagayan from then on and up to February 14,
1985 when the promise to share me one half of his earnings was only
partially fulfilled;" and c) "as a result of this illicit relationship
we begot a son named Rudon Macarubbo Jimenez on February 2,
1984."
To substantiate her claim, complainant presented two letters from
respondent which the latter sent to her while he was in the United
States.
In his answer of June 27, 1985, respondent denied complainant's
allegations and endeavoured to show that Macarubbo was a woman of
ill-repute. While he admitted to having sent the two letters and the
sum of money indicated therein, respondent claimed that the same "was
given because of humanitarian consideration when Ms. Macarubbo pleaded
and begged to send money because she was in financial distress and in
bad need of money."
After due investigation, the provincial fiscal of Isabela recommended
that the case against respondent be dismissed and considered closed.
Upon review, however, the Secretary of Justice found that, although the
imputed immoral acts commenced when respondent was still a law
practitioner, "his letter dated September 6 and October 9, 1984
suggests quite plaintively that he still felt some degree of affection
for complainant." Consequently, in his memorandum to the President,
dated February 1, 1988, the Justice Secretary recommended that
respondent be suspended for thirty (30) days, stating that:
".. there exists a dire necessity for a high and unswerving sense of
morality that should pervade public office especially where the thrust
of this government is to infuse high moral and ethical standards in the
public service. Any cloud of suspicion on the moral and professional
integrity of a public officer must be dispelled. Although in cases of
this nature, direct evidence to substantiate the charge, is as a
general rule, wanting, we cannot however disabuse ourself of the
suspicion that respondent's illicit relation with the complainant
subsisted even after his appointment to public office."
I agree with the Secretary of Justice. As public office is a public trust, all government officials and employees, whether high or low, should at all times, be morally upright. It cannot be overemphasized that, if only to infuse high moral and ethical standards in the public service, every public official should be imbued with a high sense of morality consistent with the responsibilities called for by his position and fairly reflective of the trust reposed on him by the public. Any pall of doubt on his moral and professional integrity should be eschewed outright.
WHEREFORE, and as recommended by the Secretary of Justice, Donato T. Jimenez, Assistant Fiscal of Ilagan, Isabela, is hereby suspended from office for thirty (30) days, effective upon receipt of a copy of this Order.
Done in the City of Manila, this 11th day of July, in the year of Our Lord, nineteen eighty-eight.
chanrobles virtual law library
Back to Main
Since 19.07.98.