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

This refers to the
administrative complaint for violation of Section 7(d) of Republic Act (R. A.)
No. 6713 and Section 22 (j), Rule XIV of the Omnibus Rules Implementing Book V
of Executive Order (E. O.) No. 292 (Administrative Code of 1987) filed against
Assistant City Prosecutor Romeo C. Sampaga of the Prosecutor’s Office of Manila
for contracting a loan of money from a complaining witness in a case he handled
as a prosecutor.

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 (?5,000.00) 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.

Done in the City of Manila,
Philippines, this 25th day of November, in the year of our Lord, two thousand
and two.

(Sgd.) GLORIA
MACAPAGAL-ARROYO
President of the Philippines

By the President:

(Sgd.) ALBERTO G. ROMULO
Executive Secretary