MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ Administrative Order No. 6, February 27, 1962 ]

CONSIDERING MR. PACIFICO L. VELILLA RESIGNED AS PRESIDENT OF THE PHILIPPINE COLLEGE OF COMMERCE EFFECTIVE AS OF THE DATE OF HIS PREVENTIVE SUSPENSION

This is an administrative case against Mr. Pacifico L. Velilla, President of the Philippine College of Commerce, for (1) notoriously disgraceful or immoral conduct, (2) dishonesty and misconduct in connection with the handling of the funds of the State Colleges Athletic Association, (3) grave abuse of discretion or favoritism, (4) willful failure to pay just debts and/or conduct prejudicial to the public service, (5) borrowing money from subordinates and (6) incompetence and laxity in the performance of official duties.

The charges were investigated by a committee composed of then Undersecretary of Justice Enrique A. Fernandez, chairman, and former Undersecretary of Education Daniel M. Salcedo and First Assistant Solicitor General Guillermo E. Torres, members. The committee submitted its report on or about December 6, 1960, but the past Administration failed to decide the case. The committee found the respondent guilty of the first two charges and innocent of the others. These findings are supported by the record.

I
NOTORIOUSLY DISGRACEFUL OR IMMORAL CONDUCT

The investigation has established the following facts:

1. The respondent used to go with Mr. Victor de la Torre, Dean of Instruction and now Acting President of the Philippine College of Commerce (PCC) ; Mrs. Gloria Muncal, Assistant Professor; and Dr. Luminosa Mendoza, Dentist, on outings to the La Mesa Dam at Novaliches, Rizal; the Taal Vista Lodge at Tagaytay City; Antipolo, Rizal; and Pansol Hot Springs at Los Baños, Laguna. They used Mr. De la Torres car, with the respondent and Mrs. Muncal usually sitting close to each other in the back seat. One time at the La Mesa Dam the respondent kissed Mrs. Muncal inside the car after Mr. De la Torre and Dr. Mendoza alighted therefrom.

2. Sometime in May 1957 Mrs. Muncal got sick. The respondent gave P5 to Dr. Mendoza to buy crackers and oranges for Mrs. Muncal which were brought to her home in Kamuning, Quezon City. The respondent arrived while Dr. Mendoza was talking with Mrs. Muncal. Shortly thereafter, Dr. Mendoza left the place, leaving the respondent in the room of Mrs. Muncal. At Mrs. Muncals residence where respondent used to go, the latter moved freely around the house, going to the extent of entering her room and staying there for about ten minutes while she dressed up.

3. The respondent used to eat with Mrs. Muncal at the PCC Canteen within the enclosed space reserved for faculty members. On several occasions he asked Aurelio Caduyac, a janitor, to buy pancit, ice cream and other special food from the Selecta Restaurant which he and Mrs. Muncal partook together.

4. Sometime in 1957 Mrs. Muncal asked Angelito Acuña, a janitor of the PCC, to help in cleaning a house at Pepin, Sampaloc, Manila where she was going to transfer. Acuña and Roberto Salazar, former helper at the PCC Canteen, went to the place and began cleaning the house. About 9:00 A.M. the respondent arrived. Noticing that there was no light at the entrance of the house, the respondent gave Acuña money to buy a fluorescent lamp. In the afternoon the respondent gave Acuña, and Salazar P4 each. The following day the respondent insructed Acuña to repair certains portions of the flooring of the house and gave him P2 for his efforts.

5. One time Roberto Salazar entered the enclosure at the PCC Canteen reserved for faculty members and saw Mrs. Muncal crying. Respondents hands were resting on her shoulders. The following day Mrs. Muncal told him to serve her separately from respondent and to inform respondent, should he ask for her, that she had already eaten. When the respondent asked him that question, he gave a negative answer, whereupon respondent instructed him to fetch Mrs. Muncal who finally decided to go down to the canteen. Respondent met her, took her by the arm and led her inside the enclosure.

6. In April 1958 Mrs. Muncal purchased one ovenette and one kitchen cabinet from Del Rosario Bros., Inc. She made a clown payment but was not able to pay the balance which was payable within 60 days. In August 1958 Attorney Lorenzo of Del Rosario Bros., Inc., and the respondent agreed that the latter would assume Mrs. Muncals indebtedness to the company. Subsequently, the respondent signed a promissory note for the amount due.

7. Sometime in February 1958 the respondent bought a Westinghouse refrigerator from F. O. Borromeo, Inc., for P1,890 payable in 12 months. The refrigerator was delivered at Mrs. Muncals residence at 912 Pepin, Sampaloc, Manila, and the respondent himself accepted delivery of the refrigerator and signed the delivery receipt.

II
DISHONESTY AND MISCONDUCT CONCERNING
SCAA FUNDS

On January 20, 1960, Narciso Pantoja, field auditor of the General Auditing Office, received an order from his chief, Mr. Epifanio Ramos, to examine all the cash, treasury warrants, money orders, cash items, paid vouchers, etc., for which respondent was officially accountable as president of the State Colleges Athletic Association (SCAA) for 1957-1958. In the afternoon of the same day, he and two companions went to respondents office and presented the demand, which was stamped on the working papers he brought along with him, to the respondent who noted the demand as “acted and complied with.” However, he did not immediately present the cash and cash items demanded of him. It was only after thirty minutes and after he had left the room several times that respondent approached the safe in his office and, after opening it, pretended to draw from it an envelope which he turned over to Pantoja. The latter refused to count the money inside the envelope because he saw that the envelope was not taken from the safe but from the left pocket of respondents trousers. He asked one of his companions to fetch his chief, Mr. Ramos, who arrived about half an hour later. After being informed of what happened, Mr. Ramos instructed Pantoja to proceed with his examination and to count the money which respondent had turned over to him. No shortage was found in the cash accountability of the respondent.

All the incidents mentioned above render it inadvisable for the respondent to continue as head of an educational institution conducted by the State. The head of an educational institution must be a person whose integrity, character, reputation and moral fiber are above reproach so that he may be looked upon with respect and as a source of inspiration and emulation to the youth who are placed under him for intellectual and moral guidance. Respondent is sadly wanting in these basic requisites. He does not measure up to the high standard of integrity, decorum and morality required by the present Administration of public officials and employees, more particularly those occupying key and sensitive positions. Respondent has therefore forfeited the privilege to remain as President of the Philippine College of Commerce.

WHEREFORE, and upon the recommendation of the investigating committee, Mr. Pacifico L. Velilla is hereby considered resigned as President of the Philippine College of Commerce effective as of the date of his preventive suspension.1aшphi1

Done in the City of Manila, this 27th day of February, in the year of Our Lord, nineteen hundred and sixty-two, and of the Independence of the Philippines, the sixteenth.

(Sgd.) DIOSDADO MACAPAGAL
President of the Philippines

By the President:

(Sgd.) AMELITO R. MUTUC
Executive Secretary


The Lawphil Project - Arellano Law Foundation