ChanRobles Virtual law Library
PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
:
ADMINISTRATIVE ORDERS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
ADMINISTRATIVE ORDER NO. 73 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE WITH FORFEITURE OF
ALL BENEFITS UNDER THE LAW OF 4TH ASSISTANT CITY PROSECUTOR OSMUNDO
BADURIA OF NAGA CITY
This refers to the administrative complaint
filed in August, 1990 by Naga City Prosecutor Vicente A. Estela against
his 4th Assistant City Prosecutor Osmundo Baduria for neglect of duty,
the same having stemmed from the latter's unexplained absence without
leave from January 1, 1990.
Complainant alleges that: when the complaint was lodged sometime in
August 1990, respondent Baduria has been continuously absent from work
since January 1, 1990; his absence from office beginning May 1990 was
not covered by any official leave as he failed to inform nor file any
leave with the Office of the City Prosecutor; he lives within the City
of Naga and his house is situated merely two kilometers from his place
of work and yet notwithstanding advice from his co-employees to report
for work, he simply promised to do so; considering then that it was
rather uncertain as to whether respondent would be reporting for work,
complainant was constrained to reassign respondent's cases for
preliminary investigation to other prosecutors; moreover, respondent
likewise abandoned his post as trial fiscal of Branch II, Municipal
Trial Court of Naga City; for several months in 1989, respondent
neither received his salary checks nor RATA in view of his unresolved
pending cases which were already way beyond the reglementary period for
preliminary investigation and most of which were for light offenses;
and lastly, in a letter dated February 19, 1991 sent by the
complainant, information was relayed that respondent failed to act even
up to the present on the reinvestigation of a case assigned to him as
early as March 1987, re: Criminal Case No. 59996 for Theft (People of
the Philippines vs. Earl Gonzales), the records of which could not also
be located.
Answering the complaint, respondent alleged that: his admitted
continued absence from January 1, 1990 was caused by the fact he has
been afflicted with acute gastritis and P.T.B. and in support thereof,
five medical certificates dated April 6, 1990, September 2, 1990,
February 5, 1991 and February 1, 1991 were submitted by him during the
formal investigation thereat, issued by two doctors, namely: Dr. Jose
G. Bernas and Dr. Venancio Barbin, attesting that he has been under
treatment for the above-mentioned illnesses; further, he invokes
excusable negligence in failing to submit before hand his application
for leave as he was under the belief that sick leave of absence are to
be filed after the same are consummated; and all cases assigned to him
in 1989 have all been disposed of.
The recommendation of the Secretary of Justice to dismiss Osmundo
Baduria from the service with forfeiture of all benefits under the law
is anchored on the findings made that respondent's continued absence
from office which started January 1, 1990 is untenable. Notwithstanding
the submission of medical certificates attesting to the uncontroverted
fact of his illness, it appears that respondent was not entirely
immobile or bedridden resulting from such sickness as to render him
physically incapable to at least inform his superior of his inability
to continue with his duties for the duration of his ailment or while
undergoing treatment. A testimony relating to the fact that when he was
"advised to rest" and he left bored during the period of illness and
visited friends simply bolstered the position that his supposed absence
from work without leave was unjustified. What is worse, he failed to
act on the case of theft submitted to him for reinvestigation as early
as 1987.
I concur with the findings of the DOJ Secretary.
The explanation of respondent prosecutor as to his unjustifiable
absence without leave which has caused the delay in the administration
of justice is unacceptable.
WHEREFORE, premises considered, respondent Osmundo Baduria, 4th
Assistant City Prosecutor of Naga City, is hereby found liable for
Serious Neglect of Duty. Consequent thereto, his DISMISSAL from the
service with forfeiture of all benefits under the law is hereby imposed.
Done in the City of Manila,
this 30th day of July in the year of Our Lord, nineteen hundred and
ninety three.
chanrobles virtual law library
Back
to Main
Since 19.07.98.