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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 105 -
IMPOSING THE PENALTY OF ONE (1) YEAR SUSPENSION WITHOUT PAY ON
ASSISTANT PROVINCIAL PROSECUTOR ABRAHAM F. DATLAG OF THE PROVINCIAL
PROSECUTION OFFICE OF LA UNION FOR CONDUCT PREJUDICIAL TO THE BEST
INTEREST OF THE SERVICE
This refers to the administrative complaint
filed against Assistant Provincial Prosecutor Abraham F. Datlag of the
Office of the Provincial Prosecutor of La Union by Ricardo Aveno and
Beatriz Ladia.
The complaint arose from the alleged bias of respondent prosecutor
against the complainants' daughter, Perla Ladia, the private
complainant in Criminal Cases Nos. 3573-3577 for rape (four [4] counts)
and violation of Republic Act No. 7610 (one [1] count), which she
earlier filed against a certain David Garcia with the Provincial
Prosecutor of La Union. In their joint Sinumpaang Salaysay dated April
13, 1998, complainants Aveno and Ladia alleged, among other things,
that during the investigation of Criminal Cases No. 3573-3577,
respondent prosecutor uttered the words "Masyadong mabigat ang inihain
na kaso ngunit ang salaysay ng bata ay mahina. Mahirap lamang kayo,
nangangailangan ang kaso ng malaking pambayad sa abugado." They further
alleged that respondent prosecutor had prejudged the cases in favor of
Garcia by advising their daughter as follows: "Walang nangyaring
panggagahasa. Kung kayo ay alukin ng P30,000.00 hanggang P50,000.00 ay
tanggapin na ninyo. Makakatulong na sa inyo iyan at kayo ay nasa
mahirap na kalagayan."
Respondent prosecutor denied the accusation, alleging that the
complaint is a plain harassment suit that was prompted by his dismissal
of Perla Ladia's rape charges.
On January 7, 1999, the Department of Justice instituted a formal
charge for conduct prejudicial to the best interest of the service
against respondent prosecutor. Shortly thereafter, hearings were
conducted during which time Perla Ladia testified that respondent
prosecutor indeed showed bias against her by uttering during the
investigation of Criminal Cases No. 3573-3577 the words adverted to
earlier. The complainants, for their part, affirmed their Sinumpaang
Salaysay and corroborated their daughter's testimony.
After the requisite formal administrative investigation, the Secretary
of Justice found respondent prosecutor guilty of conduct prejudicial to
the best interest of the service for having uttered the words
complained of and for having showed bias against Perla Ladia during the
investigation of Criminal Cases No. 3573-3577.
We concur in the findings of the Secretary of Justice.
Perla Ladia positively testified that respondent prosecutor indeed
showed bias against her and virtually prejudged Criminal Cases No.
3573-3577 by uttering the words — "Masyadong mabigat ang inihain na
kaso ngunit ang salaysay ng bata ay mahina. Mahirap lamang kayo,
nangangailangan ang kaso ng malaking pambayad sa abugado," as well as
the words "Walang nangyaring panggagahasa. Kung kayo ay alukin ng
P30,000.00 hanggang P50,000.00 ay tanggapin na ninyo. Makakatulong na
sa inyo iyan at kayo ay nasa mahirap na kalagayan." Her declarations,
which the Secretary of Justice found to be firm and categorical, find
sufficient corroboration from the equally firm and categorical
testimony of the complainants. Such declarations prevail over the
testimony of respondent prosecutor, who, incidentally, adduced no
evidence to corroborate his bare denial of the charges.
WHEREFORE, and as recommended by the Secretary of Justice, Assistant
Provincial Prosecutor Abraham F. Datlag of the Office of the Provincial
Prosecutor of La Union is hereby SUSPENDED FOR ONE (1) YEAR WITHOUT
PAY, effective upon his receipt of this Order, with a warning that a
repetition of the same or similar acts in the future shall be dealt
with more severely.
Done in the City of Manila,
this 18th day of January, in the year of our Lord, two-thousand.
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