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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 95 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE WITH FORFEITURE OF
ALL THE BENEFITS UNDER THE LAW OF RIZAL ASSISTANT PROVINCIAL PROSECUTOR
DONATO SOR SUYAT
This refers to the administrative complaint
filed by the National Bureau if Investigation against 2nd Asst.
Provincial Prosecutor DONATO SOR SUYAT of Rizal for grave
misconduct in demanding and receiving P15,000.00 in exchange for a
favorable resolution in a robbery case.
The record shows that a criminal complaint for robbery with the use of
force upon things was filed by the Cainta police against Randy and
Nelson Torres, Marlon Bonson and Bernardo Bautista on May 24, 1993
before the inquest prosecutor, Nestor Gapusan, for robbing the
residence of a certain Atty. Reynaldo Bautista at Greenpark Village,
Cainta, Rizal. During the inquest, one of the suspects, Bernardo
Bautista admitted to have committed the offense alone and exonerated
the three (3) other suspects. Despite Bautista's admission, the inquest
prosecutor recommended that a preliminary investigation be conducted.
Since all the accused signed a waiver of detention, they were detained
in the provincial jail pending the termination of the preliminary
investigation.
Imelda Torres, mother of suspects Randy and Nelson and also the aunt of
suspect Marlon Bonson, narrated that on June 8, 1993, she followed up
the case with the Prosecutor's Office of Rizal. She was told that the
record of the case was forwarded to Prosecutor Suyat, who was the
Reviewing Prosecutor on inquest cases. She was able to talk to
Prosecutor Suyat who initially demanded P20,000.00 for the dropping of
the case against her two (2) sons and nephew. Prosecutor Suyat
explained that if an information is filed against the suspects, she
would have to pay a cash bond of P8,000.00 for each of the accused, the
total of which is higher than the P20,000.00 demanded. She was able to
bargain for P15,000.00 which Prosecutor Suyat demanded to be given in
his office the following day on June 9, 1993 at 3:00 in the afternoon.
After leaving Prosecutor Suyat's office, she immediately consulted her
lawyer, Atty. Mariano Santiago, the former Chief of the Land
Transportation Office. Atty. Santiago referred her to the
Anti-Organized Crime Division (AOCD) of the NBI for assistance. The
Chief of the AOCD, Atty. Artemio Sacaguing, ordered Special Agent Mar
Panganiban to form a team for the purpose of entrapping the subject.
On June 9, 1993, at about 3:00 in the afternoon, Imelda Torres further
stated that she, together with her daughter Mildred, went to the office
of Prosecutor Suyat. The latter told them that the papers were still
being typed. They waited until 5:00 in the afternoon on which occasion
Prosecutor Suyat gave them the resolution dismissing the robbery case
against her two (2) sons and nephew. Prosecutor Suyat told them to come
back the following morning for the "release papers" of the accused from
detention. Her daughter countered that they would rather give the
P15,000.00 also on the following day but Prosecutor Suyat told them
"kailangan ko na yung pera ngayon, kaya ko nga ginawa yung mga papers
na iyan at kung hindi ninyo maibibigay and pera ngayon ay babawiin ko
yung mga papeles na yan at bukas na lang ang lahat". She thus handed to
Prosecutor Suyat the envelope containing the P15,000.00, all in
one-thousand denomination. Thereafter, she and her daughter went out of
the office with her (Imelda) bag under her armpit. This was the
pre-arranged signal to the NBI agents that she had already given the
money to Prosecutor Suyat.
The testimony of Imelda Torres was substantially corroborated by her
daughter Mildred.
NBI Agent Mar Panganiban averred that when Imelda Torres came out of
the office of Prosecutor Suyat at about 5:00 in the afternoon of June
9, 1993, she told him, "sir, kinuha na". His team then entered the
office of Prosecutor Suyat. Prosecutor Suyat was with a male companion
who later on turned out to be his son Junior. After introducing
themselves as agents of the NBI, Prosecutor Suyat put down the envelope
he was holding and kept his hand on his pocket. He asked Prosecutor
Suyat to count the money in the envelope but the latter refused. This
prompted him to count the money himself and found out that it was only
P9,000.00. Prosecutor Suyat refused to comment on where the rest of the
money went. Since Prosecutor Suyat's son, Junior was the only other
person inside the room at that time, they decided to search him. They
found the folded P6,000.00 from Junior's pocket. At this juncture,
Prosecutor Suyat whispered to him (Agent Panganiban), "okey na, huwag
na nating isama yan, anyway I admit that it came from me". Prosecutor
Suyat was then brought to the NBI and was subjected to forensic
chemistry examination. His hands were found positive for fluorescent
powder. Prosecutor Suyat opted to remain silent in the NBI office, thus
no further questioning was undertaken on him.
Included in the evidence submitted by the NBI were the result of the
forensic chemistry examination, photocopies of the marked money,
photographs taken during the entrapment operation, joint-affidavit of
arresting NBI agents, and booking sheet and arrest, among other things.
For his defense, Prosecutor Suyat denies the accusations against him.
He claims that Imelda Torres misinterpreted him as demanding P15,000.00
when he advised her to get ready with the cash bond in case of an
unfavorable resolution in the robbery case; that he did not
receive the P15,000.00 from Imelda Torres and that he was found
positive of fluorescent powder because Agent Panganiban told him to
count the money in the envelope; that it is not true that his son was
involved as shown by the NBI report which did not mention anything
about his son; that there was no sense in demanding money because he
had already favorably acted on the resolution in question; and that
this administrative complaint was filed by Imelda Torres in retaliation
for the detention of her sons and nephew.
After a careful evaluation of the record of the case, the Secretary of
Justice finds Prosecutor Suyat liable for grave misconduct and
recommends his dismissal from the service with forfeiture of benefits
under the law.
I concur with the findings of the Secretary of Justice.
Prosecutor Suyat failed to controvert the positive assertions of Imelda
Torres and the NBI agents. The result of the forensic chemistry
examination clearly shows that he handled the marked money which only
proves that indeed, he extorted and received money from Imelda Torres
in exchange for a favorable resolution. Worst, part of the money in the
amount of P6,000.00 was taken from his son Junior as evidenced by a
photograph (Exh. "I-3") submitted by the NBI whereby the folded money
in question was being taken out of the back-pocket of the short pants
of Junior. Thus, I find credence on the explanation of NBI Agent Mar
Panganiban that the son of Prosecutor Suyat was not included in the
complaint precisely on the request of Prosecutor Suyat to spare his son
considering that he (Suyat) would anyway admit that the full amount of
P15,000.00 was taken from him.
Prosecutor Suyat's contention that his hands were found positive for
fluorescent powder because he was ordered by NBI Agent Panganiban to
count the money after it was found to be lacking in the amount of
P6,000.00, is indubitably preposterous. His claim cannot prevail over
the positive declaration of NBI Agent Panganiban, corroborated by the
other witnesses, that Prosecutor Suyat refused to count the money and
kept mum as to the whereabout of the missing P6,000.00, which was later
found to be in the possession of his son Junior. It would be inherently
inconsistent with human nature or against the natural course of things
for Prosecutor Suyat to have obeyed such order of NBI Agent Panganiban.
Prosecutor Suyat was definitely already aware of the entrapment
operation after he was told by the NBI agents who introduced themselves
to him. That was precisely why he refused to touch the money again.
Further, he could have protested this alleged actuation of NBI Agent
Panganiban after he was found positive for fluorescent powder but he
instead opted to remain silent in the NBI office and refused to give
any statement during the interrogation thereat. All of these
circumstances point to the conclusion that this defense of Prosecutor
Suyat was a mere afterthought and designed to exculpate him from
liability.
As regards the allegation of Prosecutor Suyat that he could not have
demanded the P15,000.00 because he had already favorably resolved the
robbery case even before Imelda Torres come to see him on June 8, 1993,
suffice it to state that his version blatantly conflicts with his very
own admission that it was only a mere recommendation on his part to the
inquest prosecutor, Nestor Gapusan, to drop the charges against Imelda
Torres' two (2) sons and nephew. As such, there was no final resolution
yet to speak of at that time. In fact, when Imelda Torres went back to
his office the following day with the P15,000.00 as demanded by him,
she had to wait for two (2) hours for the typing, finalization, and
approval of the said resolution. Considering that the recommendation as
well as the final resolution was for the dismissal of the case against
the two sons and nephew of Imelda Torres, the P15,000.00 could neither
have been intended to answer for their cash bonds. It was undoubtedly
extracted from Imelda Torres in exchange for the favorable resolution.
Prescinding from the facts aforestated, I find that the dubious
character of the acts charged as well as the motivation which induced
respondent prosecutor to commit them were clearly demonstrated. It is a
patent manifestation of how he uses his office to serve his nefarious
ends which, to our mind, is disgraceful misconduct meriting
administrative sanction.
WHEREFORE, premises considered, respondent DONATO SOR SUYAT, 2nd
Assistant Provincial Prosecutor of Rizal, is hereby found liable for
Grave Misconduct. Consequently, his dismissal from the service with
forfeiture of all benefits under the law is hereby imposed, effective
fifteen (15) days after his receipt of a copy of this Order pursuant to
Book VII, Sec. 15, of the Administrative Code of 1987.
Done in the City of Manila,
this 26th day of November, in the year of Our Lord, nineteen hundred
and ninety three.
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