ADMINISTRATIVE ORDER NO. 72 - DIRECTING THE PREVENTIVE SUSPENSION OF DIRECTOR RICARDO B. MACALA OF THE BUREAU OF CORRECTIONS FOR NINETY DAYS PENDING HIS ADMINISTRATIVE INVESTIGATION BY THE PRESIDENTIAL ANTI-GRAFT COMMISSION, AND AUTHORIZING THE SECRETARY OF JUSTICE TO DESIGNATE AN INTERIM OFFICER-IN-CHARGE FOR THE BUREAU OF CORRECTIONS

WHEREAS, Director Ricardo B. Macala of the Bureau of Corrections is the subject of a complaint for grave misconduct/unexplained wealth and nepotism instituted by certain concerned employees of the Bureau of Corrections; 

WHEREAS, Senior State Prosecutor Teresita Reyes-Domingo, the fact-finding investigator designated by Secretary of Justice Simeon Datumanong, found sufficient bases to charge Director Macala for said offenses, and thus recommended the filing of formal charges, the referral of the case to the Presidential Anti-Graft Commission (PAGC), and the preventive suspension of Director Macala to avoid tampering, destruction, substitution or loss of important documents, and the harassment of witnesses;

WHEREAS, the entire records of the case has been transmitted PAGC for formal investigation;

WHEREAS, PAGC has recommended that Director Macala be placed under Preventive Suspension for a Period of Ninety (90) days considering the gravity of the charges imputed against him and to avoid tampering, destruction, substitution or loss of important documents, and the harassment of witnesses pending investigation of his case by PAGC;

WHEREAS, Book V, Title I, Subtitle A, Chapter 6, Sec. 51 of the Administrative Code of 1987 provides legal basis for the President as the proper disciplining authority to preventively suspend a Presidential appointee pending an investigation;

NOW, THEREFORE, I, ALBERTO G. ROMULO, Executive Secretary, by authority of Her Excellency, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, do hereby order the Preventive Suspension of Director Ricardo B. Macala of the Bureau of Corrections, for a period of Ninety (90) Days commencing from receipt of this Order, considering the gravity of charges imputed against him, and to avoid tampering, destruction, substitution or loss of important documents, and the harassment of witnesses pending investigation of his case by PAGC.

To ensure the continuity of the operations of the Bureau of Corrections, and to prevent any possible disruption of the orderly and efficient delivery of its services, the Secretary of Justice, having control and supervision of the Bureau, is hereby authorized and empowered to designate, an interim Officer-In-Charge of the Bureau, who shall perform all functions and discharge all the responsibilities of the Director during the effectivity of the preventive suspension of Director Ricardo B. Macala. 

This Administrative Order shall take effect immediately.

City of Manila, April 29, 2003