ADMINISTRATIVE ORDER NO. 155, December 12, 1955

RECONSIDERING ADMINISTRATIVE ORDER NO. 259 DATED DECEMBER 28, 1953, BY CONSIDERING PROVINCIAL TREASURER FRANK H. DANAO OF LANAO AS RETIRED.

WHEREAS, under Administrative Order No. 259 dated December 28, 1953, Provincial Treasurer Frank H. Danao of Lanao was removed from the service effective as of the date of his preventive suspension on July 17, 1948, because of his conviction by the Court of First Instance of Lanao as an accomplice in Criminal Case No. 456 thereof for estafa through falsification of a commercial document in connection with the fraudulent encashment in his office of the back pay check of an army officer;

WHEREAS, on appeal to the Court of Appeals the judgment of the trial court was reversed as to him and he was acquitted of the charge (C.A.-G.R. No. 7015-R, prom. Dec. 20, 1954);

WHEREAS, in view of his acquittal by the Court of Appeals Mr. Danao has sought reconsideration of Administrative Order No. 259 so that he may, among other things, be reinstated in the service;

WHEREAS, the Secretary of Finance, in the light of the administrative inquiry caused by his office before, believes that there would have been no sufficient cause for taking administrative disciplinary action against Mr. Danao and, therefore, interposes no objection to the reconsideration of Administrative Order No. 259; and

WHEREAS, it appears that Mr. Danao is already over 69 years of age and hence may not now be reinstated pursuant to Republic Act No. 660, as amended; and that but for his suspension and removal because of said criminal case he would have been automatically retired from the service on June 16, 1952;

NOW, THEREFORE, I, RAMON MAGSAYSAY, President of the Philippines, by virtue of the powers vested in me by law, and upon the recommendation of the Secretary of Finance, do hereby reconsider Administrative Order No. 259 dated December 28, 1953, by considering Mr. Frank H. Danao as retired from the service effective as of June 16, 1952, with the right to receive whatever privileges and benefits he may be entitled to under existing laws.

Done in the City of Manila, this 12th day of Dec., in the year of Our Lord, nineteen hundred and fifty-five, and of the Independence of the Philippines, the tenth.

(Sgd.) RAMON MAGSAYSAY

President of the Philippines

By the President:

(Sgd.) MARIANO YENKO, JR.

Assistant Executive Secretary