ADMINISTRATIVE ORDER NO. 165, December 31, 1955

MODIFYING ADMINISTRATIVE ORDER NO. 69 DATED OCTOBER 15, 1954, BY CONSIDERING AS RESIGNED JUSTICE OF THE PEACE BUENAVENTURA SABULAO OF KIDAPAWAN, COTABATO.

Under Administrative Order No. 69 dated October 15, 1954, Justice of the Peace Buenaventura Sabulao of Kidapawan, Cotabato, was removed from the service for abusing his office to harass a person having conflicting personal interest with him by requiring excessive bail from one Mariano Sumagaysay, an accused in his court. However, the effects of said order were suspended as it was discovered that the respondent had not been given a formal hearing of the charges against him to which he was entitled.

During the formal hearing held before the District Judge of Cotabato the parties, assisted by their counsel, submitted the case on the pleadings without presenting any oral evidence. Thereafter, the District Judge reiterated his recommendation that the respondent be subjected to some kind of disciplinary action, short of dismissal, with a warning.

After a restudy of the case, I am convinced that the respondent is guilty of the charge of fixing excessive bail for some ulterior personal motive and that he deserves to be separated from the service as originally found and decreed. Considering, however, that he has rendered long and efficient service and has not been charged except in this instance, to deprive him of whatever benefits that may have accrued to him might be unduly harsh and severe. I am, therefore, inclined to view his case with some measure of leniency.

Wherefore, and in line with the recommendation of the Secretary of Justice, Administrative Order No. 69 dated October 15, 1954, is hereby modified in the sense that Mr. Buenaventura Sabulao is considered resigned as justice of the peace of Kidapawan, Cotabato, effective upon receipt of notice hereof, without prejudice to receiving the money value of his accumulated leave and such other benefits as he may be entitled to under existing laws.

Done in the City of Manila, this 31st day of December, 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