Administrative Order No. 289, January 23, 1959

EXONERATING MR. GREGORIO S. DE LA PEÑA, CITY ATTORNEY OF BASILAN CITY

These are administrative cases filed by Mayor Leroy S. Brown of Basilan City and Mr. Alfonso Alipio against City Attorney Gregorio S. de la Peña of Basilan City, for alleged (1) favoritism, (2) gross ignorance and incompetence, (3) bribery and (4) abuse of authority.

The charges were investigated by the City Attorney of Zamboanga who found respondent guilty of dereliction of duty and abuse of authority in connection with the non-prosecution and prosecution of certain cases. However, the Chief of the Prosecution Division, Department of Justice, finds otherwise and recommends respondents complete exoneration. The Secretary of Justice agrees with the latters findings and recommendation, with the observation that “at the most, whatever errors the respondent may have committed were trifles and concerned matters of opinion.”

After going over the record, I concur in the findings of the Chief of the Prosecution Division and the observation of the Secretary of Justice.1aшphi1 As to the bribery charge, which is the most serious, the same was not duly substantiated. The persons who executed the affidavits containing the imputations were not presented and the respondent was not afforded the opportunity, which he had demanded as a matter of right, to confront and cross-examine the witnesses against him.

WHEREFORE, and upon the recommendation of the Secretary of Justice and the Chief of the Prosecution Division, Department of Justice, City Attorney Gregorio S. de la Peña is hereby exonerated from the charges.

Done in the City of Manila, this 23rd day of January, in the year of Our Lord, nineteen-hundred and fifty-nine, and of the Independence of the Philippines, the thirteenth.

(Sgd.) CARLOS P. GARCIA

President of the Philippines

By the President:

(Sgd.) JUAN C. PAJO

Executive Secretary