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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 88 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON FOURTH ASSISTANT
PROVINCIAL PROSECUTOR MIGUEL C. REYES OF BULACAN
This refers to the administrative complaint
filed by Carmelita de la Cruz against Prosecutor Miguel C. Reyes of the
Office of the Provincial Prosecutor of Bulacan for Grave Misconduct.
Records show that on January 30, 1991, Prosecutor Faustino Chiong,
First Assistant Provincial Prosecutor of Bulacan, came upon Carmelita
de la Cruz who was crying in the office. Upon inquiry, he learned that
she had given Five Thousand Pesos (P5,000.00) to Prosecutor Miguel C.
Reyes of the same office on the latter's representation that the murder
case against her son will be dismissed. Prosecutor Reyes allegedly told
her that he will give part of the amount to Prosecutor Chiong who is
handling the prosecution of the case and the other part of a competent
defense counsel.
Incensed, Prosecutor Chiong instantly took down the sworn statement, of
complainant in the presence of four witnesses and forwarded the same to
the Department of Justice.
In his answer, respondent claimed that complainant sought his
assistance in the dismissal of the criminal case against her son and
that he advised her to secure a good defense counsel. Respondent
likewise admitted having received the money from complainant as
attorney's fees for Atty. Rodolfo P. Liwanag who had accepted the case.
Based on the answer, Prosecutor Reyes was places under preventive
suspension. Respondent was represented by Atty. Rodolfo Liwanag who
asked for several postponements because the former went to the United
States. Meanwhile, a state prosecutor from the Department of Justice
secured from Branch 11 of the Regional Trial Court of Bulacan minutes
of the proceedings of the case against complainant's son and found out
that accused was represented by a de officio counsel. It was only two
days after the irregularity was discovered that Atty. Liwanag entered
his appearance as counsel for the accused.
At the hearing of the case, respondent presented an affidavit of
retraction of complainant and a note from Atty. Liwanag acknowledging
receipt of the P5,000.00. Respondent also claimed that the sworn
statements of complainant should not be given weight because she is
illiterate and did not know the contents of her affidavit.
The Department of Justice found the defense put up by the respondent to
be untenable.
Before complainant affixed her thumbmark on the sworn statement, the
contents therein were explained to her first. In taking the statement,
Prosecutor Chiong has no underlying reasons to fabricate such a serious
charge other than to clear his name. Besides, if as respondent claims,
complainant being illiterate, did not know the contents of her
affidavit, then, in the same vein, she also would not known what is
stated in her affidavit of retraction.
The affidavit of retraction of the complainant was not given any
probative value, it being a mere afterthought. Besides such can easily
be secured for monetary consideration especially from poor and ignorant
litigants. Moreover, notwithstanding an affidavit of retraction, the
head of office can proceed, motu proprio, with the investigation of
irregularities reported to him and exercise his disciplinary powers, if
evidence so warrants.
The receipt issued by Atty. Liwanag was of no credence, either. The
counsel's entry of appearance in the case two days after the
irregularity was unearthed is seen as an effort to save the integrity
of the respondent.
I concur with the findings of the DOJ Secretary.
Respondent's explanation that he received the amount from the
complainant to help facilitate the release of her son per se
constitutes misconduct of the highest order. No amount of justification
can erase the stigma brought about by this despicable act.
WHEREFORE, premises considered, Fourth Assistant Provincial Prosecutor
Miguel C. Reyes of Bulacan is hereby found guilty of Grave Misconduct
and is hereby ordered dismissed from the service effective immediately.
Done in the City of Manila this
13th day of October in the year of Our Lord, nineteen hundred and
ninety-three.
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