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MOP, Bk 6, v.5, 306

[ ADMINISTRATIVE ORDER NO. 218, October 06, 1953 ]

EXONERATING MR. LEON SA. AUREUS AS MAYOR OF NAGA CITY



This is an administrative case against Mr. Leon Sa. Aureus, as mayor of Naga City, who has been charged with a number of irregularities summarized as follows: (1) violation of civil service law and regulations, (2) maintaining a gambling joint and (3) grave dereliction of official duty. The charges were investigated by the Integrity Board which found the following:

I

(a) The claim that respondent arbitrarily dismissed three policemen without proper investigation is unfounded as it appears that when said policemen learned that an administrative case would be filed against them for misconduct and that they would soon be investigated, they requested- that they be permitted to resign, evidently to avoid besmirching their personal records and so that they might enjoy the privileges provided by law upon separation from the service. Their request was granted by the respondent.

(b) The charge of nepotism for employing close relatives as janitor in his office and as attendant in the social welfare home is likewise unfounded as the record discloses that their appointments were immediately brought by him to the attention of the proper authorities in Manila, thereby showing respondent’s good faith. Upon instruction of said authorities his appointees were separated from the service.

II

The evidence adduced in support of the charge that respondent maintained a gambling joint in a certain street in the city is utterly insufficient and suspicious, coming as it does from polluted sources, the principal witness for the complainant being the political enemy of the respondent and an aspirant for the latter’s position;

III

(a) The charge of non-enforcement of the opium law and violation of the law regarding the disposition of opium and opium paraphernalia is net sustained by the evidence. It appears that the City Attorney of Naga was reportedly requested by Police Lieutenants Mamerto Sibulo and Rito Dilanco to hold in abeyance the filing of a case for illegal possession of opium and opium paraphernalia against one Chua Tiao who was arrested on May 4, 1951, during a raid led by the respondent, in order to afford the police an opportunity to apprehend the mastermind of a suspected opium ring believed operating in the city. The requests of the said police lieutenants were granted by the city attorney and the opium and opium paraphernalia seized from Chua Tiao were kept in the city police department upon instruction of the provincial commander of the Philippine Constabulary stationed at Naga City who, under the law, is the opium custodian in the province.

(b) The alleged non-enforcement of the laws against hoarders of coins and critical items and against prostitution has not been established as the evidence presented is insufficient and the explanation of the respondent is reasonable and satisfactory.

In view of the foregoing, the Integrity Board recommends that the respondent be exonerated of the charges. After going over the record of the case, I agree in the Board’s findings and recommendation.

Wherefore, Mr. Leon Sa. Aureus is hereby exonerated of the charges filed against him as mayor of Naga City.

Done in the City of Manila, this 6th day of October, in the year of Our Lord, nineteen hundred and fifty-three, and of the Independence of the Philippines, the eighth.

(Sgd.) ELPIDIO QUIRINO
President of the Philippines

By the President:

(Sgd.) MARCIANO ROQUE
Acting Executive Secretary
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