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MOP, Bk 3, v.5, 181
[ ADMINISTRATIVE ORDER NO. 113, December 29, 1939 ]
DISMISSING THE JUSTICE OF THE PEACE, HONORATO DE LEON, OF MANKAYAN, KIBUNGAN, AND BAKUN, MOUNTAIN PROVINCE, FOR CAUSE.
This is an administrative case against Honorato de Leon, justice of the peace of the municipal districts of Mankayan, Kibungan, and Bakun, Mountain Province, for immorality and abuse of authority, filed by Cayatoc Gayongan, former chief of police of Mankayan.
It appears that one Eulalia Gatmen, with the help of the herein complainant who was then the chief of police of Mankayan, Mountain Province, filed a complaint against the respondent for nonsupport, but in a sworn statement dated December twenty-second, nineteen hundred thirty-seven, she withdrew her complaint stating that the respondent is not the father of her child. Subsequently, on May twentieth, nineteen hundred and thirty-eight, Dionisio Gatmen, the father of Eulalia Gatmen, filed a complaint against the respondent, and a confidential investigation conducted by the Philippine Constabulary confirmed his allegation that the respondent is the father of Eulalia’s child. Sometime in June, nineteen hundred and thirty-eight, the herein complainant addressed a letter to the Office of the President of the Philippines, charging the respondent with: (1) Immorality, in connection with his illicit relations with Eulalia Gatmen; (2) abuse of authority, in connection with a criminal case filed against the sister of Eulalia Gatmen; and (3) unsympathetic attitude towards the people of Mankayan. On August tenth, nineteen hundred and thirty-eight, Dionisio Gatmen withdrew his complaint, but during the investigation of the complaint filed by Cayatoc Gayongan, Eulalia Gatmen appeared and testified as to her relationship with the respondent.
Prom the evidence of record, it is clearly established that the respondent had maintained illicit relations with Eulalia Gatnien out of which clandestine union a child was born. The fourteen letters addressed to Eulalia Gatmen supposedly signed by the servant of the respondent have been proved to be in the latter’s handwriting. These letters show that the respondent is the father of the child of Eulalia Gatmen, that he had been sending her money, and that he merely used the name of his servant to hide his identity.
With respect to the charge of abuse of authority, the evidence shows that Brigida Calderon was arrested at Mankayan on December eighteenth, nineteen hundred and thirty-seven, upon a complaint for theft filed against her by counsel for the respondent. After the issuance of the warrant of arrest, the respondent left for Baguio, where he had an interview with Eulalia Gatmen, as a result of which interview Eulalia Gatmen withdrew her original complaint on December twenty-second, nineteen hundred and thirty-seven. After the withdrawal of the complaint of Eulalia Gatmen, the respondent returned to Mankayan and it was only then that Brigida Calderon was released on bail. The case against Brigida Calderon was dropped by the herein respondent upon petition of the supposed offended party. It is evident, therefore, that the arrest of Brigida Calderon was concocted in order to bring pressure to bear upon her sister, Eulalia Gatmen, so that the latter will withdraw her complaint against the respondent, as she did in fact retract her charges. The defense of the respondent that counsel. moved for the dismissal of the case because the parents of Brigida have paid him forty pesos for the watch stolen, deserves no credit as the petition for dismissal made no mention of the alleged amicable settlement and Brigida’s father emphatically denied having paid anything to the respondent.
The Secretary,of Justice submits that the respondent has shown himself unfit to further discharge the duties of his office and invites attention to the scandal created by the liaison between the respondent and Eulalia Gatmen as shown by the several complaints filed not only by numerous residents of Mankayan but also by the mayor and councilors thereof, against the conduct of the respondent. Irrespective of whether or not-it is accompanied with scandal, immorality can not be tolerated among the members of the judiciary who, like Cesar’s wife, must not only be virtuous, but also above reproach. I also agree with the Secretary of Justice that the actuations of the respondent in the criminal case against Brigida-Calderon show that the respondent would readily abuse his judicial prerogatives in the furtherance of his personal ends.
In view of the foregoing, and concurring in the recommendation of the Secretary of Justice, the respondent, Honorato de Leon, justice of the peace of the municipal districts of Mankayan, Kibungan, and Bakun, Mountain Province, is hereby removed from the service for cause, effective as of December tenth, nineteen hundred and thirty-eight, the date of his suspension from office.
Done at the City of Manila, this twenty-ninth day of December, in the year of Our Lord, nineteen hundred and thirty-nine, and of the Commonwealth of the Philippines, the fifth.
By the President:
JORGE B. VARGAS
Secretary to the President
It appears that one Eulalia Gatmen, with the help of the herein complainant who was then the chief of police of Mankayan, Mountain Province, filed a complaint against the respondent for nonsupport, but in a sworn statement dated December twenty-second, nineteen hundred thirty-seven, she withdrew her complaint stating that the respondent is not the father of her child. Subsequently, on May twentieth, nineteen hundred and thirty-eight, Dionisio Gatmen, the father of Eulalia Gatmen, filed a complaint against the respondent, and a confidential investigation conducted by the Philippine Constabulary confirmed his allegation that the respondent is the father of Eulalia’s child. Sometime in June, nineteen hundred and thirty-eight, the herein complainant addressed a letter to the Office of the President of the Philippines, charging the respondent with: (1) Immorality, in connection with his illicit relations with Eulalia Gatmen; (2) abuse of authority, in connection with a criminal case filed against the sister of Eulalia Gatmen; and (3) unsympathetic attitude towards the people of Mankayan. On August tenth, nineteen hundred and thirty-eight, Dionisio Gatmen withdrew his complaint, but during the investigation of the complaint filed by Cayatoc Gayongan, Eulalia Gatmen appeared and testified as to her relationship with the respondent.
Prom the evidence of record, it is clearly established that the respondent had maintained illicit relations with Eulalia Gatnien out of which clandestine union a child was born. The fourteen letters addressed to Eulalia Gatmen supposedly signed by the servant of the respondent have been proved to be in the latter’s handwriting. These letters show that the respondent is the father of the child of Eulalia Gatmen, that he had been sending her money, and that he merely used the name of his servant to hide his identity.
With respect to the charge of abuse of authority, the evidence shows that Brigida Calderon was arrested at Mankayan on December eighteenth, nineteen hundred and thirty-seven, upon a complaint for theft filed against her by counsel for the respondent. After the issuance of the warrant of arrest, the respondent left for Baguio, where he had an interview with Eulalia Gatmen, as a result of which interview Eulalia Gatmen withdrew her original complaint on December twenty-second, nineteen hundred and thirty-seven. After the withdrawal of the complaint of Eulalia Gatmen, the respondent returned to Mankayan and it was only then that Brigida Calderon was released on bail. The case against Brigida Calderon was dropped by the herein respondent upon petition of the supposed offended party. It is evident, therefore, that the arrest of Brigida Calderon was concocted in order to bring pressure to bear upon her sister, Eulalia Gatmen, so that the latter will withdraw her complaint against the respondent, as she did in fact retract her charges. The defense of the respondent that counsel. moved for the dismissal of the case because the parents of Brigida have paid him forty pesos for the watch stolen, deserves no credit as the petition for dismissal made no mention of the alleged amicable settlement and Brigida’s father emphatically denied having paid anything to the respondent.
The Secretary,of Justice submits that the respondent has shown himself unfit to further discharge the duties of his office and invites attention to the scandal created by the liaison between the respondent and Eulalia Gatmen as shown by the several complaints filed not only by numerous residents of Mankayan but also by the mayor and councilors thereof, against the conduct of the respondent. Irrespective of whether or not-it is accompanied with scandal, immorality can not be tolerated among the members of the judiciary who, like Cesar’s wife, must not only be virtuous, but also above reproach. I also agree with the Secretary of Justice that the actuations of the respondent in the criminal case against Brigida-Calderon show that the respondent would readily abuse his judicial prerogatives in the furtherance of his personal ends.
In view of the foregoing, and concurring in the recommendation of the Secretary of Justice, the respondent, Honorato de Leon, justice of the peace of the municipal districts of Mankayan, Kibungan, and Bakun, Mountain Province, is hereby removed from the service for cause, effective as of December tenth, nineteen hundred and thirty-eight, the date of his suspension from office.
Done at the City of Manila, this twenty-ninth day of December, in the year of Our Lord, nineteen hundred and thirty-nine, and of the Commonwealth of the Philippines, the fifth.
MANUEL L. QUEZON
President of the Philippines
President of the Philippines
By the President:
JORGE B. VARGAS
Secretary to the President