Administrative Order No. 107




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ ADMINISTRATIVE ORDER NO. 107, January 18, 1989 ] IMPOSING THE PENALTY OF SUSPENSION FROM OFFICE ON PROVINCIAL FISCAL AQUILES P. NARAJOS OF KIDAPAWAN, COTABATO, FOR A PERIOD OF ONE (1) MONTH WITHOUT PAY This refers to the memorandum of the Secretary of Justice, dated September 22, 1988, recommending that Provincial Fiscal Aquiles P. Narajos of Kidapawan, Cotabato, be “suspended from the service for a period of one (1) month without pay with an admonition that matters referred to him by this Department should be attended to more expeditiously to avoid delay in the administration of justice.” Records show that, in a 1st indorsement of February 24, 1984, the Chief State Prosecutor referred to Provincial Fiscal Narajos for his consideration the letter, dated February 1, 1984, of Mr. Rogelio T. Tano, one of the respondents in Criminal Case No. 1817 for multiple murder and frustrated murder, entitled “People vs. Rogelio Tano, et al.”, which emanated from the Municipal Circuit Trial Court of Makilala-Talunan, Makilala, North Cotabato, requesting that a state or special prosecutor be designated to investigate his case. Fiscal Narajos was directed to comment thereon, informing Mr. Tano thereof, within five (5) days from receipt of said indorsement. Despite the lapse of some time, Mr. Tano failed to receive any action or information relative to his request. He thus reiterated his request to the Ministry of Justice in a letter of November 9, 1984. The Department (then Ministry) of Justice, in a 1st Tracer, dated December 5, 1984, directed Fiscal Narajos to immediately comply with its directive contained in its aforestated 1st indorsement of February 24, 1984. Again, Fiscal Narajos failed to comply with the instruction, which prompted Mr. Tano to write anew to the then Minister of Justice regarding his request on October 1, 1986. The Chief State Prosecutor again referred the matter to Fiscal Narajos, thus: “Respectfully referred to the Provincial Fiscal, Kidapawan, North Cotabato, the within letter dated September 9, 1986 of Mr. Rogelio T. Tano, for his immediate consideration, comment and report thereon within five (5) days from receipt thereof, furnishing writer a copy thereof. Your attention is invited to our 1st Indorsement dated February 24, 1984, and First Tracer dated December 5, 1984, of which no compliance thereto has been made. Compliance herewith is hereby enjoined under pain of administrative sanction.” Then again, in a letter of June 17, 1987, Fiscal Narajos was directed by the Chief State Prosecutor to conduct an investigation of the criminal complaint for multiple murder and frustrated murder against Mr. Tano, et al., to inform his (Chief Prosecutor’s) office if the case has been forwarded to his Office by the Municipal Circuit Court of Makilala-Talunan, and to submit his comment and report within five (5) days from receipt thereof. Despite receipt of the letter of June 17, 1987, Fiscal Narajos did not submit any report regarding the case involving Mr. Tano. Hence, on September 1, 1987, he (Fiscal Narajos) was directed to show cause why no administrative complaint should be filed against him for gross insubordination for his failure to comply with the directives contained in the letter dated June 17, 1987. In his answer, dated September 21, 1987, Fiscal Narajos explained, among others, that: “We have been exerting efforts to find whether we received the case from Talunan, unfortunately we have not received it, however, we verified about the case and per order of the Judge, the case had been archived or sent to the file because the accused are at large and not having been arrested. We are attaching a copy of the archive of the court and the alias warrant of arrest issued by the Municipal Judge of Talunan. The case is quite strong because all the accused have been identified as the perpetrators. We cannot investigate the case because the accused are at large and in order to show their good faith, they must first surrender to the authorities, for it might create a dangerous precedence for the accused to be asking for an investigation without surrendering to the government x x x. “I do not mean to delay the administration of justice but our records had been misplaced since we have been transferring offices for more than five times. This case was formerly assigned to former Fiscal Francis Palmones and I had presumed that he had already answered the communications regarding this matter.” In his memorandum mentioned at the outset, the Secretary of Justice, said: “x x x It was only after our letter of September 1, 1987, that he (Fiscal Narajos) finally furnished this Department with the much needed information. His inaction to our directives show his open defiance to lawful orders which should not be countenanced. “Although Fiscal Narajos’ explanation that he had been transferring offices for more than five (5) times and that the case was previously assigned to Fiscal Francis Palmones may be taken as mitigating, however, we find no justifiable reason why he could not immediately comply with a simple request/directive from this department.” The foregoing explains the Justice Secretary’s recommendation that Fiscal Narajos be meted the penalty of suspension from the service for one (1) month without pay, with an admonition that matters referred to him by the Justice Department be acted upon immediately to avoid delay in the dispensation of justice. After a careful review of the case, I agree in the observations and recommendation of the Secretary of Justice, supported as they are by the evidence on record. WHEREFORE, and upon the recommendation of the Secretary of Justice, Provincial Fiscal Aquiles P. Narajos of Kidapawan, Cotabato, is hereby suspended from office for one (1) month without pay, effective upon receipt of a copy hereof, and admonished to attend expeditiously to all matters referred to him by the Department of Justice to avoid delay in the administration of justice. Done in the City of Manila, Philippines, this 18th day of January in the year of Our Lord, nineteen hundred and eighty-nine.1âшphi1 (Sgd.) CORAZON C. AQUINO President of the Philippines By the President: (Sgd.) CATALINO MACARAIG, JR. Executive Secretary The Lawphil Project - Arellano Law Foundation