Administrative Order No. 337




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Administrative Order No. 337, November 7, 1960 ] CONSIDERING MR. JOSE V. YLANAN RESIGNED FROM OFFICE AS JUSTICE OF THE PEACE OF MADDELA, NUEVA VIZCAYA This is an administrative case against Mr. Jose V. Ylanan, justice of the peace of Maddela, Nueva Vizcaya, for alleged immorality and electioneering The charges, which respondent denied and claimed to have been motivated by political and personal differences, were investigated by the District Judge who found the respondent guilty thereof. A review of the record discloses the following facts to have been duly established: Immorality Charge Respondent is married to Dominga Olivar, who, during the time here involved, was staying in Manila where she was teaching and their children were studying. He assumed office sometime in 1946 and in the same year had illicit relations with Marcelina Ganda, a local school teacher, who quit her job to live with him. After occupying two houses they moved to that of the womans father in barrio Buenavista, Maddela, where they stayed for a short time as they built their own house on her fathers lot. They stayed in this house for about five years. Shortly before the general elections on November 8, 1955, they transferred to a house in the poblacion near the town hall where they continued to live together. From this union respondent and Marcelina begot twin boys named Ismael and Rafael Ylanan who were stillborn and a third child named Renato Ylanan. Respondent was the one who secured and paid for the death certificates of the twins. They behaved publicly and privately as husband and wife in Maddela where they were reputed as such, promenading in public places with their child Renato whom they carried alternately, living together and raising vegetables and poultry for the family. On the occasion of Renatos fifth birthday sometime in January 1954 a group picture of the persons present at the celebration was taken. Respondent, Renato, and Marcelina Ganda appear together in the middle of the picture. Electioneering Charge In the general elections of November 8, 1955, Marcelina Ganda was candidate for municipal mayor of Maddela, Nueva Vizcaya. About two weeks before the elections, Marcelina Ganda held a political meeting in the house of Mariano Bata in barrio Dumabate, Maddela. While she was speaking, Jaime Mayo rose to ask what name was to be written on the ballot-whether Marcelina Ganda, Marcelina Ylanan, or Celing-to which respondent, who was present, replied that anyone would do. He added that if she be elected they would make a good team because she would be the mayor and he was the justice of the peace and that she was the right person to elect because she helped the people during the Japanese occupation. On election day, November 8, 1955, at about 10 a.m., respondent went to the precinct of Dumabate and saw Eufemia Gerardo, Violeta Marañon, and Portia Santos distributing sample ballots. He asked for some and upon seeing that they were not for Marcelina Ganda but for her opponent, he grabbed many of the ballots, crumpled them and threw them to the ground. He even scolded the women and their grandfather. The District Judge recommends that the respondent be suspended from office for one year. However, the Secretary of Justice believes that the nature of his acts calls for more than mere suspension, and recommends that he be removed from office or at least required to resign. WHEREFORE, Mr. Jose V. Ylanan is hereby considered resigned from office as justice of the peace of Maddela, Nueva Vizcaya, effective upon receipt of a copy of this order.1aшphi1 Done in the City of Manila, this 7th day of November, in the year of Our Lord, nineteen hundred and sixty, and of the Independence of the Philippines, the fifteenth. (Sgd.) CARLOS P. GARCIA President of the Philippines By the President: (Sgd.) NATALIO P. CASTILLO Executive Secretary The Lawphil Project - Arellano Law Foundation