Administrative Order No. 102, July 9, 1964

MODIFYING ADMINISTRATIVE ORDER NO. 212, DATED AUGUST 24, 1956, IN THE CASE OF FORMER JUSTICE OF THE PEACE JOSE A. STRACHAN OF ESCALANTE, NEGROS OCCIDENTAL

On August 24, 1956, Mr. Jose A. Strachan was removed as justice of the peace of Escalante, Negros Occidental, for arbitrarily ordering the imprisonment of an accused and falsifying public records (Adm. Order No. 212). In view of the dismissal of the criminal case against him for the same acts, he requests that he be reinstated to his former post or else appointed to another suitable position, with back salary.

An administrative case is different from, and independent of, a criminal case. The purpose, procedure, and requisite quantum of evidence differ in both. Hence an officers removal from office after an administrative investigation is not rendered nugatory by his subsequent acquittal in a criminal case for the same act involved in the administrative case. This distinction holds all the more in the case of Mr. Strachan. His administrative case was formally investigated by the District Judge under all safeguards of due process and his removal decreed after a uniform finding of guilt by the investigating judge, the then Secretary of Justice and the former President; whereas the criminal cases against him were never tried on the merits but were dismissed on motion of the assistant provincial fiscal after a reinvestigation.

In strict law, therefore, Mr. Strachans reinstatement to his former position with back salary is without merit. However, considering the length of time that he has been out of the public service, the bar to his reentry therein may now be removed.

Wherefore, Administrative Order No. 212, dated August 24, 1956, is hereby modified in the sense that Mr. Jose A. Strachans removal is without prejudice to his reappointment in the government service at the initiative of the appointing authority.

Done in the City of Manila, this 9th day of July, in the year of Our Lord, nineteen hundred and sixty-four.

(Sgd.) DIOSDADO MACAPAGAL

President of the Philippines

By the President:

(Sgd.) JUAN S. CANCIO

Acting Assistant Executive Secretary