IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON ASSISTANT CITY PROSECUTOR ZENAIDA C. ISIDRO OF THE OFFICE OF THE CITY PROSECUTOR OF TACLOBAN CITY, FOR DISHONESTY AND GROSS…

“That you had consistently reported in
your Monthly Accomplishment Report for 1996, 1997 and from January to
June 1998 that you had either one (1) or two (2) or no (0) pending case
for resolution and in your Monthly Certificate of Service for the same
period; that you had no pending case for resolution beyond 60-day
period.  However, when an inventory of your cases was made x x x
it was found out that you had fifty-six (56) cases unresolved for 1996,
sixty-six (66) unresolved cases for 1997 and twenty-six (26) unresolved
cases for 1998 or a total of one hundred forty-four (144) cases
(unresolved) for the said years”

In support of the charges, CCP Gulong
submitted Isidro’s monthly accomplishment report where she made it
appear that she had a 100% total disposition rate of cases for the
period covering 1996-1998, and Isidro’s Certificates of Service for the
same period stating that she had no pending case for preliminary
investigation/reinvestigation/or review that was more than sixty (60)
days from the time a case was assigned to her.

In her defense, Isidro denies that
she was dishonest when she certified in her accomplishment report that
she had no pending cases for the periods 1996, 1997 and from January to
June, 1998. She admits, however, that in 1996 to 1997 she suffered
recurrent ailment that affected her efficiency.  She
further explains that the bulk of these cases were for violations of
B.P. 22, which basically are collection cases where the complainant was
less interested in prosecuting the respondents; that a number of these
cases did not reach the courts because of complainants’ desistance,
while others did not end in conviction because of settlement.  Thus,
she explains, to rush the filing of these cases in court would only
clog court dockets and entail additional expenses on the part of the
government.  Under the circumstances, she reasons,
it would be more judicious if the rules are relaxed than to adhere
strictly to the time limit imposed by the rules. To substantiate her
allegations, Isidro submitted her medical certificate and leave
application filed on May 29 1997.

Isidro likewise cites other factors,
such as the lack of mimeograph forms of the Information for BP 22,
which she claims contributed to the delay in the resolution of the BP 22
cases.

Lastly, she explains that, as a matter of usual practice, the Office of the City Prosecutor of Tacloban
City distributes the Certificates of Service to the assistant
prosecutors concerned for their respective signatures one or two days
before they transmitted to the Central Office in Manila; that the forms
are already prepared so she just had to affix her signature therein.  She
admits that she did not give meticulous consideration to the
certifications written on the form notably the second certification
regarding the pending cases.  She insists though that she was not motivated by dishonesty when she affixed her signature on those forms.

Following a thorough investigation and a careful evaluation of the complainant’s allegations and the evidence presented vis-a-vis
Isidro’s explanation, the Secretary of Justice found Isidro guilty of
dishonesty and gross neglect of duty, and recommended that she be
dismissed from the service.

We concur with the DOJ’s findings.

Dishonesty is the concealment or
distortion of truth in a matter of fact relevant to one’s office or
connected with the performance of one’s duties. Dishonesty is a serious
offense. It reflects on the person’s character and exposes the moral
decay which virtually destroys one’s honor, virtue and integrity (Prieto vs. Caraga 242 SCRA 315).  Under
Section 22 of Rule XIV of the Implementing Rules of the Civil Service,
the offense of dishonesty is punishable by dismissal.

The fact that ACP Isidro committed acts constituting the offense of dishonesty appears to have been established.  By
declaring in her Accomplishment Reports that she had a 100% total
disposition rate of cases for the periods covering 1996 to 1998, and by
certifying in her Certificate of Service that she had no pending cases,
when, in truth and in fact, she had a total of 144 unresolved cases for
the said period, Isidro deliberately concealed the truth on a matter
relevant to her office, i.e. that she failed to comply with the
directive under DOJ Circular No. 49, s. of 1993.  This
issuance requires all prosecutors to terminate and resolve preliminary
investigation of complaints within sixty (60) days from date of
assignment.  Being public documents, the
falsification of Accomplishment Reports and the Certificate Service
constitutes a serious offense of dishonesty as there is a duty to
disclose the truth.

Isidro’s protestations of innocence
and good faith deserve scant consideration as they are but attempts to
cover up and justify her negligence as well as her non-compliance with
the prescription of DOJ Circular No. 49.

WHEREFORE, premises considered, and as recommended by the Department of Justice, Assistant City Prosecutor Zenaida C. Isidro of the Office of the City Prosecutor of Tacloban City, is hereby dismissed from the service for dishonesty and gross neglect of duty effective upon receipt of this Order.

Adopted: 25 Nov. 2002

BY THE PRESIDENT:

(SGD.) ALBERTO G. ROMULO
Executive Secretary