MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ Administrative Order No. 82, January 29, 1964 ]
CONSIDERING MR. ORLANDO S. RIMANDO RESIGNED AND SEPARATED FROM OFFICE AS JUSTICE OF THE PEACE OF GOVERNOR GENEROSO, DAVAO.
This is an administrative case, filed by Mr. Catalino Sagulla, municipal mayor of Governor Generoso, Davao, against Mr. Orlando S. Rimando, justice of the peace of the same municipality, for various irregularities allegedly committed by him. The case was investigated by the District Judge who found respondent guilty as follows:
1. That . . . respondent . . . taking advantage of his official position, made immoral advances to Gloria Obial while the latter was detained in the municipal jail in connection with a criminal case for adultery then pending in his court.
2. That he failed to keep a proper record by means of appropriate orders of the proceedings in Criminal Case No. 764 of his court, particularly the various postponements, which gave reasonable ground to believe that he did not attend his court on the dates set for the trial of the case, except on two occasions.
3. That he violated the Civil Service rules and regulations by failing to file formally an application for leave of absence for the period March 4 to 7, 1959, when he was absent in his court to appear in a case in the Justice of the Peace Court of Initao, Misamis Oriental, even after his return to his station.
The record shows that Gloria Obial, who was charged with adultery, was detained in the municipal jail of Governor Generoso from October 13, to 26, 1955. During the investigation conducted by the District Judge, she testified that while she was under confinement, respondent succeeded in having carnal knowledge of her on two different occasions. On the first occasion, respondent went to the jail at midnight and told her to agree to what he would ask her, for he was the only one who could set her free, as he was the highest authority in Governor Generoso. Thereafter he brought her to his office and succeeded in having carnal knowledge of her twice. She was returned to the jail at dawn. After three days respondent sent a policeman to fetch her from the jail and he brought her to his house where he again satisfied his sexual lust. Respondents third attempt failed because the policeman on duty did not allow her to go out of the jail. Glorias co-accused in the adultery case, who was also confined in the municipal jail, corroborated her.
On the other hand, the policeman on duty testified that nothing unusual happened during the two nights that Gloria Obial was allegedly taken out of the jail; that she did not leave the jail any time at night; and that respondent never entered the jail.
However, the investigating Judge did not give credence to the testimony of the policeman for the reason that if their statement were otherwise they would be proceeded against criminally or administratively for neglect of official duties.
That respondent committed the acts imputed to him is riot improbable considering as regards the first occasion, the fact that the municipal jail where she was detained is situated in the same building as the office of the justice of the peace and at the time there was only one policeman on duty. As to the second occasion, she was taken to the place where respondent was living. It bears nothing that respondent chose the dead of the night to gratify his sexual urge.
As to the claim that there was bad blood owing to political differences between the complainant mayor and the respondent, it is believed rather remote that a woman would allow herself to be used as an instrument of either protagonist for inflicting harm on the other, especially so when her honor is involved. Glorias testimony to the effect that she willingly went with the respondent on those two occasions and did not protest against his lewd designs would not make her unworthy of belief. This may be attributed to the fact that she is illiterate and believed that her freedom depended on the respondent as he had impressed upon her. At bottom, this matter resolves itself into a question of credibility, and the finding of the District Judge who had the opportunity to observe the various witnesses testify is entitled to great weight. No cogent reason exists for differing from his determination.
With respect to the second finding, the record shows that Criminal Case No. 764 of respondents court for serious physical injuries was set for trial seven times but only two orders postponing the trial were made. The subpoena for the hearing of July 8, 1959, was signed by two cited witnesses, while those issued for the hearings of November 9 and December 7, 1959, and January 21, 1960, were signed by Sabino Regodon, the complaining witness, and another witness. All these scheduled hearings were not held and there is no record to show the reason for the failure to hold such hearings. According to the testimony of two witnesses for the complainant, the case was postponed several times because the judge was not present. The evidence confirms their testimony.
As to the third finding, the evidence shows that respondent was absent from his court to appear in a case before the justice of the peace of Initao, Misamis Oriental, from March 4 to 7, 1959, without any corresponding leave of absence.
In the light of the foregoing, the District Judge correctly found the respondent guilty of immorality and dereliction of duty. Consistent with the moral regeneration program of this administration and its policy of utmost honesty, dedication, and efficiency on the part of those in the public service, there is no choice left but to terminate respondents official relation with the government.1aшphi1
Wherefore, and upon the recommendation of the District Judge, Mr. Orlando S. Rimando is hereby considered resigned and separated from the service as justice of the peace of Governor Generoso, Davao, effective upon receipt of a copy of this order.
Done in the City of Manila, this 29th day of January, in the year of Our Lord, nineteen hundred and sixty-four.
(Sgd.) DIOSDADO MACAPAGAL
President of the Philippines
By the President:
(Sgd.) JUAN S. CANCIO
Acting Assistant Executive Secretary
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