IMPOSING THE PENALTY OF ONE (1) YEAR SUSPENSION WITHOUT PAY ON ASSISTANT PROVINCIAL PROSECUTOR ABRAHAM F. DATLAG OF THE PROVINCIAL PROSECUTION OFFICE OF LA UNION FOR CONDUCT PRE…
Provincial Prosecutor Abraham F. Datlag of the Office of the Provincial
Prosecutor of La Union by Ricardo Aveno and Beatriz Ladia.
The complaint arose from the alleged bias of respondent prosecutor
against the complainants’ daughter, Perla Ladia, the private complainant
in Criminal Cases Nos. 3573-3577 for rape (four [4] counts) and
violation of Republic Act No. 7610 (one [1] count), which she earlier
filed against a certain David Garcia with the Provincial Prosecutor of
La Union. In their joint Sinumpaang Salaysay dated April 13, 1998,
complainants Aveno and Ladia alleged, among other things, that during
the investigation of Criminal Cases No. 3573-3577, respondent prosecutor
uttered the words ” Masyadong mabigat ang inihain na kaso ngunit
ang salaysay ng bata ay mahina. Mahirap lamang kayo, nangangailangan ang
kaso ng malaking pambayad sa abugado.” They further alleged that
respondent prosecutor had prejudged the cases in favor of Garcia by
advising their daughter as follows: ” Walang nangyaring
panggagahasa. Kung kayo ay alukin ng P30 ,000.00 hanggang P50,000.00 ay
tanggapin na ninyo. Makakatulong na sa inyo iyan at kayo ay nasa mahirap
na kalagayan.”
Respondent prosecutor denied the accusation, alleging that the
complaint is a plain harassment suit that was prompted by his dismissal
of Perla Ladia’s rape charges.
On January 7, 1999, the Department of Justice instituted a formal
charge for conduct prejudicial to the best interest of the service
against respondent prosecutor. Shortly thereafter, hearings were
conducted during which time Perla Ladia testified that respondent
prosecutor indeed showed bias against her by uttering during the
investigation of Criminal Cases No. 3573-3577 the words adverted to
earlier. The complainants, for their part, affirmed their Sinumpaang
Salaysay and corroborated their daughter’s testimony.
After the requisite formal administrative investigation, the
Secretary of Justice found respondent prosecutor guilty of conduct
prejudicial to the best interest of the service for having uttered the
words complained of and for having showed bias against Perla Ladia
during the investigation of Criminal Cases No. 3573-3577.
We concur in the findings of the Secretary of Justice.
Perla Ladia positively testified that respondent prosecutor indeed
showed bias against her and virtually prejudged Criminal Cases No.
3573-3577 by uttering the words — ” Masyadong mabigat ang inihain na
kaso ngunit ang salaysay ng bata ay mahina. Mahirap lamang kayo,
nangangailangan ang kaso ng malaking pambayad sa abugado,” as well as the words ” Walang
nangyaring panggagahasa. Kung kayo ay alukin ng P30 ,000.00 hanggang
P50,000.00 ay tanggapin na ninyo. Makakatulong na sa inyo iyan at kayo
ay nasa mahirap na kalagayan.” Her declarations, which the
Secretary of Justice found to be firm and categorical, find sufficient
corroboration from the equally firm and categorical testimony of the
complainants. Such declarations prevail over the testimony of respondent
prosecutor, who, incidentally, adduced no evidence to corroborate his
bare denial of the charges.
WHEREFORE, and as recommended by the Secretary of Justice, Assistant
Provincial Prosecutor Abraham F. Datlag of the Office of the Provincial
Prosecutor of La Union is hereby SUSPENDED FOR ONE (1) YEAR WITHOUT PAY,
effective upon his receipt of this Order, with a warning that a
repetition of the same or similar acts in the future shall be dealt with
more severely.
Adopted: 18 Jan. 2000
By the President:
(SGD.) RONALDO B. ZAMORA
Executive Secretary