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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 403 -
IMPOSING THE PENALTY OF ONE (1) MONTH SUSPENSION WITHOUT PAY ON
ASSISTANT CITY PROSECUTOR PROSPERO B. SEMANA OF QUEZON CITY
This refers to the administrative complaint
filed against Assistant City Prosecutor Prospero B. Semana of the
Office of the City Prosecutor, Quezon City, for neglect of duty and
inefficiency.
Records show that complainants Abdulmajid Godoy and others, filed on
September 24, 1993 before the Office of the City Prosecutor of Quezon
City a criminal complaint for grave threats, grave coercion and
trespass to dwelling (I.S. No. 93-13449) against the security guards of
Progressive Development Corporation, Araneta Center, Cubao, Quezon
City. The preliminary investigation was handled by Prosecutor Semana
who resolved the said complaint only on December 14, 1994 or after a
period of more than one (1) year from the date the same was assigned to
him. The resolution was approved by the City Prosecutor on December 15,
1994 and a copy of which was received by the complainants only on
February 1, 1995.
Respondent Prosecutor Semana avers that the delay was not entirely his
fault because he gave complainants sufficient time to submit additional
evidence to substantiate their charges but due to the influx of cases,
he inadvertently lost tract of the case. Its dismissal was based on his
honest appreciation of the facts and the evidence presented to him and
his resolution therein was concurred in and approved by the City
Prosecutor.
State Prosecutor Philip A. Aguinaldo of the Department of Justice was
directed to conduct a formal investigation of the instant
administrative complaint. After formal hearing, State Prosecutor
Aguinaldo found Prosecutor Semana administratively liable for neglect
of duty and inefficiency and recommended the penalty of one (1) month
suspension without pay.
After a careful evaluation of the records of the case, the Secretary of
Justice found Prosecutor Semana administrative liable for simple
neglect of duty and recommends the latter's suspension for one (1)
month without pay.
Indeed, the failure of Prosecutor Semana to resolve I.S. No. 93-13449
within the reglementary period as prescribed under DOJ Circular No. 35
as amended by DOJ Circular No. 49, dated July 14, 1993, constitutes
neglect of duty and inefficiency. The long delay of more than one (1)
year in the resolution of the criminal complaint greatly undermines the
people's confidence in the prosecution service and ultimately in the
administration of justice.
Finally, considering that Prosecutor Semana had previously been
admonished by the Secretary of Justice for a similar infraction in an
earlier administrative complaint, we agree with the Secretary of
Justice that suspension is in order.
WHEREFORE, respondent Prosecutor Prospero B. Semana, Assistant City
Prosecutor of Quezon City, is hereby found liable for simple neglect of
duty and inefficiency when he failed to resolve I.S. No. 93-13449 for
more than one (1) year. Consequently, his suspension for one (1) month
without pay is hereby imposed.
DONE in the City of Manila,
this 8th day of June, in the year of Our Lord, Nineteen Hundred and
Ninety-Eight.
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