Administrative Order No. 245, June 3, 1957

REQUIRING MR. CONRADO C. MANAGO TO RESIGN AS JUSTICE OF THE PEACE OF TANGUB, MISAMIS OCCIDENTAL

This is an administrative case against Justice of the Peace Conrado C. Manago of Tangub, Misamis Occidental, for alleged ignorance of the law, oppression, abuse of authority, electioneering, misconduct, malpractice, and falsification of public documents under eight counts. The case was duly investigated and from the evidence of record the following facts have been clearly established:

(1) That although there was no pending case in his court respondent issued a written order (Exh. B) directing the chief of police of Tangub to arrest any violator of Section 46 of the Election Code (prohibiting benefit performances during the two months preceding elections) and of Act No. 4075 (penalizing the holding of benefit entertainment without permit) out of spite against a certain Hermogenes Caylan arising from the latters refusal to yield to his proposal that Caylan use, on a fifty-fifty sharing basis of the proceeds, a permit of the Tangub Womens Club, headed by his wife, to hold a benefit dance;

(2) That he ordered a policeman to arrest one Rodolfo Cabardo because the latter would not yield his seat to respondents wife in a public conveyance;

(3) That he entered election precincts during a registration day in the company of a candidate for mayor and gave unsolicited opinions on the election law, giving rise to the suspicion that he was engaged in partisan political activity;

(4) That he refused to allow the prosecution in Criminal Cases Nos. 1788 and 1760 of his court-which happened to be assisted by lawyers belonging to a political party different from that of opposing counsel to which respondent also belonged before his appointment as justice of the peace-to present witnesses other than those listed in the complaint and to prove damages despite an allegation to that effect, in utter disregard or ignorance of Rules 112 (Sec. 1) and 107 (Sec. 1 [a]), respectively, of the Rules of Court.

The above-recited acts of respondent constitute abuse of authority, conduct unbecoming his office, and partiality or gross ignorance of the law which, taken together, render him unworthy of the office he holds.

In view of the foregoing, and upon the recommendation of the Secretary of Justice and the District Judge, Mr. Conrado C. Manago is hereby required to tender his resignation within five days from receipt of a copy hereof. Should he fail to do so, he would be considered removed from office effective on the day following the expiration of said period.

Done in the City of Manila, this 3rd day of June, in the year of Our Lord, nineteen hundred and fifty-seven, and of the Independence of the Philippines, the eleventh.

(Sgd.) CARLOS P. GARCIA

President of the Philippines

By the President:

(Sgd.) FORTUNATO DE LEON

Executive Secretary