IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON MANILA ASSISTANT CITY PROSECUTOR ROMEO C. SAMPAGA

The record shows that on November 7, 1997, respondent Prosecutor Sampaga,
who was then assigned as a public prosecutor at Branch 7 of the
Metropolitan Trial Court of Manila, contracted a loan of five thousand
pesos (P5,000.00) from Anna Leonicia V. Morales, a complaining witness in a slander by deed case pending before the said court.  When respondent prosecutor failed to pay the said loan, complainant Anna Leonicia Morales filed the instant administrative complaint against the former in the Department of Justice.

During the hearing of the
administrative complaint in the Department of Justice, respondent
prosecutor failed to rebut complainant’s evidence despite sufficient
period of time given to him to present his defense.  Consequently,
the Secretary of Justice found respondent prosecutor guilty of
contracting a loan of money from a person with whom he had business
relations in violation of Section 7 (d) R.A. No. 6713 and Section 22
(j), Rule XIV of the Omnibus Rules Implementing Book V of Executive
Order No. 292 (Administrative Code of 1987).  The penalty of dismissal from the service was recommended by the Secretary of Justice.

The findings and recommendation of the Secretary of Justice appear in order.

Indeed, contracting a loan of money
from any person in the course of one’s official duties or with whom the
office of the public official concerned has business relations is an
unlawful and prohibited act under Section 7 (d) of R.A. No. 6713,
Section 46 (b) (23) of Book V of Executive Order (E. O.) No.
292 (Administrative Code of 1987) and Section 22 (j) of Rule XIV of the
Omnibus Rules Implementing Book V of Executive Order No. 292.  The
said laws consider this illegal act as a grave offense that is
punishable by dismissal from office even if the same was committed by
the respondent as a first offense.  The rationale
for this is that it is the policy of the State to promote a high
standard of ethics in the public service wherein public officials and
employees should at all times be accountable to the people and should
discharge their duties with utmost responsibility, integrity and
competence (Section 2, R.A. No. 6713).  Respondent prosecutor clearly breached this State policy.

WHEREFORE, premises considered, and as recommended by the Department of Justice, respondent Assistant City Prosecutor Romeo C. Sampaga
is hereby dismissed from the service with forfeiture of leave credits
and retirement benefits, and disqualification for re-employment in the
government service effective from receipt of this order.

Adopted: 25 Nov. 2002

BY THE PRESIDENT:

(SGD.) ALBERTO G. ROMULO
Executive Secretary