Administrative Order No. 99, July 9, 1964

MODIFYING ADMINISTRATIVE ORDER NO. 310, DATED SEPTEMBER 3, 1959, BY CONSIDERING THE SEPARATION OF FORMER ASSISTANT FISCAL GAUDENCIO T. BOCOBO OF MANILA WITHOUT PREJUDICE TO REINSTATEMENT IN THE PUBLIC SERVICE AT THE INITIATIVE OF THE APPOINTING AUTHORITY.

Under Administrative Order No. 310, dated September 3, 1959, Mr. Gaudencio T. Bocobo was considered resigned as assistant fiscal of Manila effective as of his preventive suspension on August 7, 1954, with prejudice to reinstatement in the government service, for having been found guilty of involvement in guerrilla racket activities.

Upon his request for reconsideration, the then Undersecretary of Justice (Juan Liwag) recommended his exoneration with a severe reprimand. The Undersecretary found that with the retraction of the star witness for the prosecution in the course of his testimony, the charge against the respondent must fall for lack of sufficient evidence to support it. However, he found the respondent wanting in that circumspection which should have placed him on guard against possible involvement in what appeared to be a large-scale fraudulent scheme, by not tolerating any element of the transactions, which were fraught with possibilities for the commission of fraud and deception by some unscrupulous parties, to be done in his very residence, as people would naturally believe that everything must be on the level because it was being done with the apparent knowledge and acquiescence of a public prosecutor whose close relatives were somehow involved.

In view of the high standard of official decorum set by the Administration for public servants to observe, in that they must not only be upright but beyond suspicion and reproach, even if respondent were truly innocent of the charge, he would still deserve separation because of the attendant harm and prejudice suffered by numerous unsuspecting persons who were victimized in the fraudulent scheme. However, considering the findings of the former Undersecretary of Justice and the length of time that has elapsed since respondent was separated from the service, it is believed that the decision may be modified insofar as his separation constitutes a bar to his reinstatement in the public service.

Wherefore, Administrative Order No. 310, dated September 3, 1959, is hereby modified in the sense that Mr. Gaudencio T. Bocobos separation shall be without prejudice to his reinstatement in the public service at the discretion of the appointing authority.

Let the records of this case be returned to the Department of Justice for the taking of such criminal action against the persons concerned as may be warranted in the premises.

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