Administrative Order No. 374




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Administrative Order No. 374, December 18, 1961 ] EXONERATING ASSISTANT DIRECTOR NATIVIDAD DE CASTRO OF THE NATIONAL BUREAU OF INVESTIGATION This is an administrative case against Mr. Natividad de Castro, assistant director, National Bureau of Investigation (NBI), filed by the acting chief of the office, Lt Col. Jose G. Lukban, for allegedly (1) conspiring with a questionable Chinese and certain NBI agents to dislodge complainant from, his position, in which they temporarily succeeded, (2) abandoning his office after failing in his attempt but continuing to collect his salary, (3) using government telephone for his romantic relations, and (4) continuing in his scheme to ease out complainant from his position with the aid of some NBI agents and an influence peddler romantically linked with highly-placed government officials. The charges were, investigated by a committee composed of First Assistant Solicitor General Guillermo E. Torres and Special Prosecutor Alejandro E. Sebastian of the Department of Justice, which found the charges without merit and recommended respondents exoneration. The Secretary of Justice agrees with the committee. CHARGES I AND IV The evidence shows that efforts were really exerted to have complainant relieved as NBI acting director in favor of respondent. However, there is no conclusive evidence that respondent was the one who actually maneuvered the easing out of complainant from his position. According to the respondent, if he aspired for the position of NBI Director, which was logical enough under his circumstances, it was because of his belief that Acting Director Lukban would be detailed or promoted elsewhere. CHARGE II The charge of abandonment is clearly unfounded Respondents not being in the office occasionally appears to have been due, among others, to the fact that he had confidential assignments from this Office to be performed outside and that he was directed to investigate certain cases in Cotabato. While indeed respondent might have been late in coming to the office or early in leaving it, it was possible that the same was due to the exigencies of the service.1aшphi1 At any rate, as No. 2 man of the bureau respondent was not bound to observe strictly office hour and considerations for his rank demand that he should not be treated like a minor employee on matters of attendance. CHARGE III Some undue importance seems to have been given by the complainant to an isolated telephone call to respondent from a woman who appears to be a family friend. There was nothing from the recorded telephone conversation that would arose the sensibilities of anyone. In view of the foregoing, and upon the recommendation of the investigating committee and the Secretary of Justice, Mr. Natividad de Castro is hereby exonerated from the charges. Done in the City of Manila, this 18th day of December in the year of Our Lord, nineteen hundred and sixty-one, and of the Independence of the Philippines, the sixteenth. (Sgd.) CARLOS P. GARCIA President of the Philippines By the President: (Sgd.) EDILBERTO B. GALLARES Assistant Executive Secretary The Lawphil Project - Arellano Law Foundation