Administrative Order No. 65




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Administrative Order No. 65, July 1, 1963 ] REMOVING MR. CONSTANTE ROSAL FROM OFFICE AS PROVINCIAL FISCAL OF ABRA. These are administrative cases against Mr. Constante Rosal for alleged irregularities committed by him as Provincial Fiscal of Abra. The charges were investigated by a special investigator from the Department of Justice. After going over the records of the investigation, I find the following facts duly established: 1. That the respondent collected the amount of P200 from Mrs. Celerina Calinap allegedly to be spent for gathering more evidence to prosecute a crime of robbery and as docketing fee in the filing of a separate civil suit for damages, wherein she appeared to be interested, which claims were true, as respondents purpose was simply to enable him to secure money from her; 2. That the respondent also collected the sum of P800 from Mrs. Esperanza Tuscano supposedly as deposit and legal fees for his services, which act constitutes dishonesty and grave misconduct under sections 33 and 34 of Republic Act No. 2260; and 3. That far from denying the preceding charge against him of asking money from Mrs. Tuscano, respondent merely made insinuations that she was harboring a grudge against him because of the acquittal in Criminal Case No. 812 of the Court of First Instance of Abra of a certain Alberto Tejero, the alleged killer of her only son. Except for gambling or playing mahjong during office hours which is duly supported by the evidence on record, the other charges against the respondent of alleged abuse of authority, ignorance of the law, abuse of discretion, falsification of public documents, and estafa for having supposedly collected from Mrs. Maria Orfano the sum of P100 do not appear to have been conclusively established.1aшphi1 As shown elsewhere, the respondent fiscal is guilty of reprehensible conduct and acts unbecoming a public official, which render him unfit to remain in the public service, particularly in the prosecuting arm of the Government. Wherefore, and upon the recommendation of the Secretary of Justice, Mr. Constante Rosal is hereby removed from office as Provincial Fiscal of Abra, effective upon his receipt of a copy of this order, with prejudice to reinstatement in the government service in any capacity. Done in the City of Manila, this 1st day of July, in the year of Our Lord, nineteen hundred and sixty-three. (Sgd.) DIOSDADO MACAPAGAL President of the Philippines By the President: (Sgd.) SALVADOR L. MARIÑO Executive Secretary The Lawphil Project - Arellano Law Foundation