ADMINISTRATIVE ORDER NO. 71 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON PROVINCIAL
PROSECUTOR LUIS R. MARCAIDA OF THE PROVINCIAL PROSECUTOR'S OFFICE OF
PALAWAN
This refers to the formal administrative
charge filed against respondent Provincial Prosecutor (PP) Luis R.
Marcaida (hereinafter referred to as respondent), Provincial
Prosecutor's Office, Palawan, docketed as NPS Adm. No. 98-0008,
entitled "Cynthia Lyn Parreñas et al. vs. Provincial Prosecutor
Luis R. Marcaida" for gross misconduct (violation of Sec. 3(e) of R.A.
No. 3019 in relation to Sec. 5, Art. III of R.A. No. 7610 and Art. 335
of the Revised Penal Code).
The instant case arose from a complaint filed by Cynthia Lyn
Parreñas and her father Toribio Parreñas against
respondent for having repeatedly engaged in sexual intercourse with
Cynthia Lyn, then a seventeen (17) year-old minor, between the period
from June 12, 1997 to January 23, 1998 while complainant was entrusted
by her parents to herein respondent to work as his household helper on
the promise that the latter will take care of her education and
welfare, and during the period when respondent was handling the
prosecution of the rape case which Cynthia Lyn filed against a certain
Rio Caballero docketed as Crim. Case No. 11401 entitled "People of the
Philippines vs. Rio Caballero", pending before Regional Trial Court
(RTC), Branch 49, Puerto Princesa City, Palawan.
The facts of the case are as stated in the letter-recommendation dated
December 18, 2000 of then DOJ Secretary Artemio G. Tuquero finding
respondent guilty and liable for gross misconduct and recommending his
dismissal from the service, which is hereby adopted in toto, a copy of
which is hereto attached as Annex "A", and made an integral part hereof.
WHEREFORE, as recommended by the Secretary of Justice, respondent
Provincial Prosecutor Luis R. Marcaida is hereby found guilty of gross
misconduct and is DISMISSED from the service, with forfeiture of all
retirement benefits with prejudice to his reemployment in any branch or
agency of the government, including government-owned or controlled
corporations effective upon receipt of this Order.
Done in the City of Manila,
this 28th day of April, in the year of Our Lord, Two Thousand Three.
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