ADMINISTRATIVE ORDER NO. 66 -
IMPOSING THE PENALTY OF SIX (6) MONTHS SUSPENSION ON ASSISTANT CITY
PROSECUTOR MANUEL V. GARCIA, OFFICE OF THE CITY PROSECUTOR OF LUCENA
CITY
This refers to the administrative complaint
against Assistant City Prosecutor Manuel V. Garcia, Office of the City
Prosecutor of Lucena City for alleged Gross Neglect of Duty and
Inefficiency.
The complaint stemmed from respondent Garcia's alleged inaction to
resolve the criminal case filed by MK Development Corporation against
Ruben Panlillo, former Vice-Mayor of Lucena City, Susan Buhay Tan and
several other John Does alleged trespassing and/or violations of City
Ordinance No. 1609, series of 1995. The criminal case was docketed as
I.S. No. 96-1611 and assigned to respondent Garcia for preliminary
investigation. On January 20, 1997, the criminal case was deemed
submitted for resolution.
Five months later, or on June 26, 1997, complainant filed a motion for
the early resolution of the criminal case. With no action was
forthcoming, complainant filed a letter-complaint with the Office of
the Secretary of Justice against respondent for the latter's alleged
deliberate failure and refusal to the resolve the criminal case.
Complainant averred that respondent's inaction to resolve the criminal
complaint resulted to its damage and prejudice.
On May 10, 1999, a formal charge was instituted against respondent for
Gross Neglect of Duty and Inefficiency and he was required to submit
his answer thereto.
Respondent neither offered any reason nor raised any defense. Nothing
was heard from him except when he filed his "Motion for Extension of
Time to Submit Answer". Still, no resolution was rendered by respondent
even after the filing of the instant administrative complaint.
After due investigation, the Secretary of Justice found respondent
liable only for Simple Neglect of Duty and recommended that the latter
be suspended for a period of six (6) months. The Secretary of Justice
noted that the evidence on record is bereft of any showing that the
said criminal complaint was ever resolved. As such, the Secretary of
Justice concluded that respondent Garcia neglected his official duty
for failing to resolve the criminal complaint assigned to him for
preliminary investigation within the sixty (60) days reglementary
period prescribed under Department Circular No. 49 dated July 14, 1993.
We are in full accord with the findings and recommendation of the
Secretary of Justice. Respondent Garcia had been remiss in the
performance of his duty. He failed to resolve the criminal complaint
assigned to him for preliminary investigation within the sixty (60)
days reglementary period prescribed under Department Circular No. 49
dated July 14, 1993. His neglect became more evident when he failed and
refused to act accordingly after complainant filed a motion for early
resolution on June 26, 1997, five months after the criminal complaint
was deemed submitted for resolution. In fact, even after the filing of
the instant administrative complaint against him the criminal complaint
has remained unresolved.
WHEREFORE, as recommended by the Secretary of Justice, Assistant City
Prosecutor Manuel V. Garcia of the City Prosecution Office of Lucena
City is hereby found guilty of simple neglect of duty and is meted the
penalty of six (6) months suspension without pay.
DONE in the City of Manila,
this 17th day of March in the year of our Lord, Two Thousand and Three.
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