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MOP, Bk 6, v.5, 197
[ ADMINISTRATIVE ORDER NO. 161, July 07, 1951 ]
REMOVING MR. FELIPE E. JOSE FROM OFFICE AS DIRECTOR OF LABOR
This is an administrative case against Mr. Felipe E. Jose; Director of Labor, who stands charged with a number of irregularities involving, among others, abuse of authority, bribery and corruption. These charges were investigated by the Integrity Board which found the following facts to have been satisfactorily established:
1. That respondent Director recommended in writing the employment of the detective agency of Colonel Lamberto Javalera to different commercial houses in Manila, informing them that in the agency of Fausto Alberto, one of the complainants herein, which had in its employ more than 200 men and was rendering loyal and efficient service to said firms, there was dissension between the agency and its watchmen and that it was on the verge of insolvency and dissolution which information was not true;
2. That he hired and used cars of the Central Garage, keeping them generally from seven o’clock in the morning to about twelve o’clock midnight, from Monday to Sunday almost every week, for a period of almost two years, specifically from October 1948 to July 1950, representing an average monthly expense of P1,200 for the Bureau of Labor, despite warning given him by the accounting officer thereof that funds for traveling expenses had already been exhausted; that he compelled said accounting officer to falsely certify that funds for traveling expenses were available; and that he used these cars for supposed inspections of Chinese establishments made during the time his wife was campaigning for her candidacy as “Mrs. Philippines of 1949”;
3. That respondent conducted investigations of alleged violations of labor laws and regulations ex-parte, by hearing the complainant alone in the absence of the person complained against, or vice-versa, without benefit of stenographic record or the assistance of any other official or employee, thereby inviting temptations to infidelity to the service; and that at times he would change a decision rendered by him by reducing the amount to be paid after the party complained against had appeared before him ostensibly for the purpose of hearing his side, a case in point being that of Camilo Balones wherein the amount to be paid by the respondent therein was radically reduced from P7,607.79 to P300; and
4. That his bank deposits and those of his minor children from November 1948 to April 1950 were rather heavy and the same, with the exception of that corresponding to the war damage payment, were not explained, respondent choosing not to take the stand.
In the light of the afore-cited facts, the Integrity Board concluded that respondent is guilty of abuse of authority, violation of his oath of office and of conduct highly unbecoming an official of his rank. I have carefully examined and considered the evidence of record and I fully agree with the findings and conclusions of that body.
It cannot be too often repeated that a public office is a public trust and not the property of the incumbent thereof; that it must be discharged not only in accordance with the terms of the oath of office and the provisions of law involved, but the incumbent must also observe certain recognized moral and ethical standards of conduct. It is regrettable that Mr. Jose should have allowed himself to be guided by questionable personal motives, in his official actuations. I am therefore constrained to take drastic action against him for the protection of the public service.
Wherefore, and as recommended by the Integrity Board, Mr. Felipe E. Jose is hereby removed from office as Director of Labor, effective as of the date of his preventive suspension by reason of this case.
Done in the City of Manila, this 7th day of July, in the year of Our Lord, nineteen hundred and fifty-one, and of the Independence of the Philippines, the sixth.
By the President:
(Sgd.) MARCIANO ROQUE
Acting Assistant Executive Secretary
1. That respondent Director recommended in writing the employment of the detective agency of Colonel Lamberto Javalera to different commercial houses in Manila, informing them that in the agency of Fausto Alberto, one of the complainants herein, which had in its employ more than 200 men and was rendering loyal and efficient service to said firms, there was dissension between the agency and its watchmen and that it was on the verge of insolvency and dissolution which information was not true;
2. That he hired and used cars of the Central Garage, keeping them generally from seven o’clock in the morning to about twelve o’clock midnight, from Monday to Sunday almost every week, for a period of almost two years, specifically from October 1948 to July 1950, representing an average monthly expense of P1,200 for the Bureau of Labor, despite warning given him by the accounting officer thereof that funds for traveling expenses had already been exhausted; that he compelled said accounting officer to falsely certify that funds for traveling expenses were available; and that he used these cars for supposed inspections of Chinese establishments made during the time his wife was campaigning for her candidacy as “Mrs. Philippines of 1949”;
3. That respondent conducted investigations of alleged violations of labor laws and regulations ex-parte, by hearing the complainant alone in the absence of the person complained against, or vice-versa, without benefit of stenographic record or the assistance of any other official or employee, thereby inviting temptations to infidelity to the service; and that at times he would change a decision rendered by him by reducing the amount to be paid after the party complained against had appeared before him ostensibly for the purpose of hearing his side, a case in point being that of Camilo Balones wherein the amount to be paid by the respondent therein was radically reduced from P7,607.79 to P300; and
4. That his bank deposits and those of his minor children from November 1948 to April 1950 were rather heavy and the same, with the exception of that corresponding to the war damage payment, were not explained, respondent choosing not to take the stand.
In the light of the afore-cited facts, the Integrity Board concluded that respondent is guilty of abuse of authority, violation of his oath of office and of conduct highly unbecoming an official of his rank. I have carefully examined and considered the evidence of record and I fully agree with the findings and conclusions of that body.
It cannot be too often repeated that a public office is a public trust and not the property of the incumbent thereof; that it must be discharged not only in accordance with the terms of the oath of office and the provisions of law involved, but the incumbent must also observe certain recognized moral and ethical standards of conduct. It is regrettable that Mr. Jose should have allowed himself to be guided by questionable personal motives, in his official actuations. I am therefore constrained to take drastic action against him for the protection of the public service.
Wherefore, and as recommended by the Integrity Board, Mr. Felipe E. Jose is hereby removed from office as Director of Labor, effective as of the date of his preventive suspension by reason of this case.
Done in the City of Manila, this 7th day of July, in the year of Our Lord, nineteen hundred and fifty-one, and of the Independence of the Philippines, the sixth.
(Sgd.) ELPIDIO QUIRINO
President of the Philippines
President of the Philippines
By the President:
(Sgd.) MARCIANO ROQUE
Acting Assistant Executive Secretary