REQUIRING JUSTICE OF THE PEACE JORGE C. CASCAYAN OF VILLAREAL, SAMAR, TO RESIGN FROM OFFICE

This is an administrative case
against Jorge C. Cascayan, justice of the peace of Villareal, Samar, filed by
Graciano Holares, chief of police of the same municipality.

The Judge of the Court of First
Instance of Samar who investigated the case found the respondent guilty of the
following charges: (1) That without legal justification, the respondent refused
to docket a criminal complaint for malicious mischief against one Mariano
Pintero filed by the herein complainant; (2) that the respondent refused to
admit a complaint for resistance to a person in authority filed by a member of
the local police against one Donato Gelbuy; (3) that in a case for violation of
municipal ordinance prohibiting the sale of rotten foodstuffs, the respondent
imposed a collective fine of five pesos upon all of the five accused,
notwithstanding the clear provision of the ordinance that every person guilty
of violation thereof shall pay a fine of not less than five pesos but not more
than ten pesos; and (4) that in a case of qualified trespass to dwelling, the
respondent sentenced the defendant to ten days imprisonment upon plea of
guilty, despite the fact that the respondent was aware that he lacked
jurisdiction over the matter. After a careful review of the record, I cannot
but agree with the Secretary of Justice that the respondent has shown ignorance
of the elementary law affecting directly the performance of his official
duties, such as to demonstrate his unfitness for the position he occupies.

In view of the foregoing, and
concurring in the recommendation of the Secretary of Justice, the respondent,
Jorge C. Cascayan, is hereby required to tender his resignation as justice of
the peace of Villareal, Samar, immediately upon receipt of this Order.

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

By the President:

JORGE B. VARGAS
Secretary to the President