MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ Administrative Order No. 93, November 20, 1967 ]
REMOVING MR. JACINTO R. ACALING FROM OFFICE AS REGISTER OF DEEDS OF AKLAN
This is an administrative case against Mr. Jacinto R. Acaling, Register of Deeds of Aklan, for incurring a shortage in the collections of his registry and for violation of civil service rules by absenting himself without proper authority.
The records show that the accounts of respondent were audited on May 24, 1966, by the Acting Provincial Auditor. The audit was conducted in the absence of respondent who deliberately absented himself despite notices sent to him, his wife and his immediate relatives that said audit would be undertaken. As a consequence of respondents absence, his safe was forcibly opened by the auditor in the presence of responsible provincial officials. The safe was found empty of cash, checks, treasury warrants or money orders. After this discoverer, the auditor asked respondent to submit himself to a cash audit but this request was again ignored. It was thereupon determined that respondent had a cash shortage in his collections amounting to P34,993.13, to wit:
| Balance, as February 11, 1964 |
|
P 400.40 |
| Collections from February 11, 1964 to April 11, 1966 |
|
41,607.22 |
| Total |
|
P42,007.62 |
Less:
| Deposits and remittances since and up to April 11, 1966 |
P7,014.49 |
| Cash, checks, treasury warrants and other cash items |
-o- |
| Total |
|
7,014.49 |
| SHORTAGE |
|
P34,993.13 |
After said audit, the auditor demanded the return or restitution of the shortage, but respondent once again chose not to answer.
It also appears from the records that as early as April 1, 1966, or before the cash audit was conducted, respondent had already absented himself from office without filing an application for leave of absence. Although he later filed an application for sick and vacation leave from April 1 to September 30, 1966, he again failed to report, without proper authority from October 1, 1966, up to July 25, 1967.
On August 11, 1966, respondent was directed by the Land Registration Commissioner to show cause within 72 hours why he should not be administratively charged for shortage in his collections and for willfully absenting himself from office from April 1, 1966, up to August 11, 1966, without proper approval. Respondent, however, ignored said notice and two other subsequent notices in an evident attempt to frustrate the proceedings.
In view of the foregoing, I hereby find respondent guilty of the two aforementioned charges.1aшphi1
Wherefore, and upon the recommendation of the Secretary of Justice and the Land Registration Commissioner, Mr. Jacinto R. Acaling is hereby removed from office as Register of Deeds of Aklan, effective upon receipt of a copy of this order.
Done in the City of Manila this 20th day of November, in the year of Our Lord, nineteen hundred and sixty-seven.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.) RAFAEL M. SALAS
Executive Secretary
The Lawphil Project - Arellano Law Foundation
