Administrative Order No. 298




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Administrative Order No. 298, April 29, 1959 ] REMOVING MR. OSCAR L. BALTAZAR FROM OFFICE AS JUSTICE OF THE PEACE OF PANIQUI, TARLAC. This is an administrative case filed by Mrs. Gliceria N. Domingo, against Justice of the Peace Oscar L. Baltazar of Paniqui, Tarlac, charging the respondent with acts of lasciviousness and attempted rape allegedly committed on the person of the complaint. The case was investigated by the district judge who recommends the respondents dismissal from the service. It appears that complainant is married to Atty. Lazaro C. Domingo who is a nephew of respondents wife. In a previous administrative case respondent was successfully defended by Attorney Domingo. The Domingos and respondent were, previous to the incidents in question, very close friends and respondent frequented the Domingo home where he was treated like a member of the family. Being provincial coordinator in Tarlac for one of the presidential aspirants in. the last general elections, complainants husband was out of the conjugal home most of the time prior to and after the elections on November 12, 1957. According to the complainant, on the night of November 6, 1957, while her husband was out, respondent went to her house and kissed her against her will as she was entertaining him, for which she kicked him,. Two days later, about 9:30 p.m., when her husband also was away, respondent returned to complainants house and kissed her again while she was seated on her husbands office chair. She pushed him and proceeded to the sala but he followed her. After trying to pacify her anger, respondent dragged her to the bedroom where, with his private parts exposed, he attempted to raise her dress over her opposition. Nevertheless, he managed to kiss her once more by holding her neck and arm. At this juncture a brother-in-law of hers showed up, boxed respondent but missed and called him a traitor as he hurriedly made his way out. In his defense, respondent alleged that the complainant just playfully kissed him on the neck in her effort to win him, over to her presidential candidate, which complainants brother-in-law misinterpreted. He also alleged that the complaint was presented because of the unfounded jealousy of her husband who maltreated her. After a careful review of the record, I agree with the Secretary of Justice that the evidence is not conclusive that the respondent attempted to rape the complainant. However, I agree without reservation, like the Secretary, with the investigator in finding that the respondent, with grave abuse of confidence and obvious ungratefulness, did commit lascivious acts on the complainant by kissing her against her will and dragging her to the bedroom in complainants house on the occasions previously mentioned and in the lewd manner exhibited by him. Respondents defense that it was the complainant who kissed him in jest, and not he who did it to her with unchaste designs, is too flimsy and incredible to merit serious consideration. By his immoral and despicable conduct the respondent has rendered himself utterly unfit for his position. As aptly observed by the Secretary of Justice: “When a man, married and with several children, could abuse the confidence and take advantage of the absence of his personal friend, nephew-in-law, and former counsel, by forcing his attentions on the latters wife in the very house where that man is given freedom to come and go as a respected relative and trusted friend, such a man lacks the requisite concept of morality and responsibility and surely does not deserve to stay in a position or prestige and power and to remain clothed with the judicial robe of a magistrate. . . .” WHEREFORE, and upon the recommendation of the Secretary of Justice and the district judge, Mr. Oscar L. Baltazar is hereby removed from office as justice of the peace of Paniqui, Tarlac, effective upon receipt of a copy of this order.1aшphi1 Done in the City of Manila, this 29th day of April, in the year of Our Lord, nineteen hundred and fifty-eight, and of the Independence of the Philippines, the thirteenth. (Sgd.) CARLOS P. GARCIA President of the Philippines By the President: (Sgd.) JUAN C. PAJO Executive Secretary The Lawphil Project - Arellano Law Foundation