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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 69 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE WITH FORFEITURE OF
WHATEVER BENEFITS THAT MAY HAVE ACCRUED IN HIS FAVOR DURING HIS TENURE
OF OFFICE ON 3RD ASSISTANT PROVINCIAL PROSECUTOR RUFINO A. QUITASOL,
PROVINCIAL PROSECUTION OFFICE, ALBAY
This refers to the administrative complaint
filed against 3rd Assistant Provincial Prosecutor of Albay, Rufino A.
Quitasol, detailed with the Office of the Provincial Prosecutor of
Rizal, for Grave Misconduct and/or Conduct. Unbecoming of a Public
Officer, in connection with the death of Lex Talionis Fraternity
Neophyte, Raul Camaligan, a student of San Beda College.
The formal charge was based on the resolution dated 20 January 1992 of
the City Prosecutor of Quezon City in I.S. No. 91-2092, recommending
the filing of the information for homicide against all the respondents
therein which included herein respondent Quitasol.
Respondent waived the formal investigation and adopted the documentary
evidence adduced in the preliminary investigation of I.S. No. 91-2092.
The record of the said criminal case shows that Aries Sayson, Angel
Miranda, Jr., Jerry Jones Acuna and Raul Camaligan, all San Beda
College Freshmen law students, were recruited to join the Lex Talionis
law fraternity on the representation that hazing will not be one of the
requisites for full-fledged membership. The final initiation rites were
held on 8 September 1991 which also happened to be the first bar
examination day for 1991. The neophytes were first made to serve the
"bar operations" at Legarda St., Manila, by way of running menial
errands for their "masters", one of whom was respondent Quitasol, who
were supposedly extending moral support to some fraternity members who
were taking the bar examinations. In the afternoon of the same day,
said neophytes were brought to Barangay Cruz na Ligas in Quezon City
where they were subjected to alleged "repeated merciless beatings by
older fraternity members with the use of paddles, belts and pieces of
wood" and "given fist blows and kicks on different parts of their
bodies" which resulted in the death of neophyte Camaligan and physical
injuries to the rest of the neophytes.
Respondent denies any participation in the 8 September 1991 initiation
rites held in Bgy. Cruz na Ligas in Quezon City and claims that he went
to Manuel L. Quezon University (MLQU) in the morning of said date to
extend moral support to some examinees who were his students at the
Aquinas University in Legazpi City and while there "chanced" upon his
fraternity brothers who invited him to join them in an on-going "bar
operations" at the nearby restaurant where he was introduced as
"fiscal" to his other fraternity brothers and three neophytes that
included Aries Sayson. After one and a half hours, he left the group
and went to his parent's house where he had lunch. At 4:00 p.m. he,
together with his wife and Children, attended the Sunday Mass at Mt.
Carmel and, thereafter, went to SM Centerpoint, Sta. Mesa where they
stayed up to 8:30 in the evening.
Romeo Soria affirms respondent's claim that he, together with his
family, was at Mt. Carmel church at around 4:00 p.m. on 8 September
1991 to attend the Sunday Mass.
Respondent's allegations were, however, negated by neophyte Aries
Sayson when he testified during the October 1991 hearings, in his
categorical language, thus:
"Q:
"A:
"Q:
"A:
xxx
"Q:
"A:
"Q:"
"A":
Based on the foregoing factual backdrop, the Secretary of Justice disregarded the charge of grave misconduct but found respondent liable for conduct unbecoming of a public officer and recommended that he be dismissed from the service with forfeiture of whatever benefits that may have accrued in his favor during his tenure of office. The explanation given by the Secretary pertinently reads:
"Anent
the charge of Grave Misconduct, the Supreme Court has ruled that the
same must have direct relation to and be connected with the performance
of official duties, amounting either to maladministration or willful,
intentional neglect and failure to discharge the duties of the office
(Sarigumba vs. Pasok, 155 SCRA 646, emphasis supplied.)
"As to the charge of conduct
unbecoming of public official or officer, said offense has been defined
as 'such conduct of public official which has a tendency to destroy
public respect' (Presidential Administrative Order No. 37 dated Sept.
30, 1987).
"The public outcry against
hazing which is oftentimes reflected in the press and aired in
broadcast media indicates the moral decay with which the public relates
to hazing and the depravity attributed to one who participates in it.
That the herein conduct of respondent which resulted in the filing of
criminal charges against him, affects his office, is best demonstrated
in the fact that when charges were filed against respondents in I.S.
No. 91-2092, Quitasol deserved particular mention as a prosecutor
(Daily Globe Nov. 13, 1991). Again, when administrative charges were
failed against him, it was given prominent were filed against him, it
was given prominent news coverage (Times Journal, April 6, 1992
Philippine Daily Inquirer, April 6, 1992). That the incongruous
situation of a public prosecutor tends to destroy public respect for
the office respondent holds needs no further elaboration."
This brings to the fore the core issue of whether respondent should be held administratively liable for conduct unbecoming of a public officer.
I find no cogent reason to disturb the findings of the DOJ Secretary.
Respondent's denial cannot prevail over the positive and categorical assertion of Aries Sayson, one of the neophytes that he (respondent) was present and actually participated in the hazing of the Lex Talionis Fraternity Neophytes on 8 September 1991 which resulted in the death of Raul Camaligan. This act of respondent Quitasol clearly constitutes conduct unbecoming of a public officer because it tends to destroy public respect to the public office he holds.
WHEREFORE, premises considered respondent 3rd Assistant Provincial Prosecutor of Albay, Rufino A. Quitasol, is found guilty of Conduct Unbecoming of a Public Officer and is hereby meted the penalty of dismissal from the service with forfeiture of whatever benefits that may have accrued in his favor during his tenure of office.
Done in the City of Manila, this 22nd day of July, in the year of our Lord, nineteen hundred and ninety-three.
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Since 19.07.98.