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. 114 -
IMPOSING THE SUSPENSION FOR THIRTY (30) DAYS WITHOUT PAY FOR THE DELAY
IN RESOLVING I.S. CASE NO. 90-461 IN VIOLATION OF JUSTICE DEPARTMENT
CIRCULAR NO. 35 DATED SEPTEMBER 17, 1991 OF 4TH ASST. PROVINCIAL
PROSECUTOR DEMOSTHENES B. TINAGAN OF NEGROS ORIENTAL
This refers to the administrative complaint
filed by Trinitario Yap against 4th Asst. Provincial Prosecutor
Demosthenes B. Tinagan, Negros Oriental, for delay in resolving the
complaint against P/Lt. Cesar Dalderas, et al., for malversation of
public funds and property docketed as I.S. No. 90-461.
Records disclose that the aforestated criminal complaint against P/Lt.
Cesar Dalderas, et al. was filed by Trinitario Yap on October 3, 1990
and the same was assigned to respondent prosecutor. After the requisite
investigation the case was submitted for resolution on July 9, 1991.
The ninety (90) day reglementary period, within which to resolve
complaints on preliminary investigation, as required by Department
Circular No. 35 dated September 17, 1991 notwithstanding, respondent
prosecutor resolved the case only on December 18, 1992.
We view respondent prosecutor's failure to resolve I.S. No. 90-461
within the reglementary period as gross neglect of duty and
inefficiency. This long delay in the resolution of the criminal
complaint greatly affects the administration of justice and depreciates
the peoples confidence in our justice system. Respondent prosecutor's
defiance of Department Circular No. 35 dated September 17, 1991 cannot
go unpunished.
WHEREFORE, premises considered, 4th Asst. Provincial Prosecutor
Demosthenes B. Tinagan is hereby found liable as charged and is meted
the penalty of suspension of thirty (30) days without pay with a
warning that a commission of a similar offense in the future would be
dealt with more severely.
DONE in the City of Manila,
this 13th day of February in the year of Our Lord, nineteen hundred and
ninety-four.
chanrobles virtual law library
Back
to Main
Since 19.07.98.