Case Summary (A.M. No. P-1328)

Introduction

This document outlines the resolution of an administrative complaint filed by Engr. Ruben L. Austria against Eduardo Apa, Clerk of the Municipal Court of Burauen, Leyte, for alleged oppression, arrogance, highhandedness, and malfeasance in the exercise of his duties as a public officer.

Background of the Complaint

• Complainant: Engr. Ruben L. Austria, General Manager of the Leyte Electric Cooperative, Inc. (LEYECO I)
• Respondent: Eduardo Apa, Clerk of the Municipal Court of Burauen, Leyte
• Nature of Complaint: The complaint alleges misconduct by the respondent in his official capacity, specifically relating to the filing of a complaint for malicious mischief against linemen who disconnected his electrical service due to unpaid bills.

Procedural History

• The complaint was referred to the Executive Judge of the Court of First Instance of Leyte for investigation.
• District Judge Temistocles B. Diez conducted the investigation and submitted a report, recommending a severe reprimand for the respondent.

Summary of Events

• Delinquency: Eduardo Apa had unpaid electric bills totaling P199.20 (P122.50 for three months and P76.70 for wiring installation).
• Disconnection: His electrical service was disconnected on June 15, 1976, by linemen from LEYECO I.
• Complaint Filed: Following the disconnection, Apa filed a complaint for malicious mischief against the linemen, leading to their arrests based on a warrant issued by the Municipal Judge.

Key Findings of the Investigator

• Respondent's claims of negligence by the LEYECO collector and lack of prior notice for disconnection were supported.
• The linemen allegedly acted without proper authority and in an intoxicated state, disregarding requests to consult respondent beforehand.
• The electric company enacted a resolution penalizing consumers who file criminal charges against its personnel.

Analysis of Charges

• The primary charges against the respondent were:
  • Oppression, Arrogance, Highhandedness, and Malfeasance: The Investigator found no substantial evidence to support these claims.
• Response to Allegations:
  • The respondent's actions were deemed as fulfilling his right to seek legal redress as an aggrieved citizen.
  • The complaint was supported by affidavits, indicating a belief in the malice of the linemen’s actions.

Decision and Conclusion

• Dismissal of Complaint: The administrative complaint against Eduardo Apa was dismissed for lack of merit.
• Justification:
  • The respondent acted in good faith based on perceived harassment by the electric company.
  • No evidence of arrogance or misuse of office was found; actions taken were legitimate under the circumstances.

Key Takeaways

• The complaint against Eduardo Apa was dismissed, reflecting the importance of due process and the right to seek redress for grievances.
• The resolution underscores the necessity of clear communication and proper protocols by utility companie

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Case Syllabus (A.M. No. P-1328)

Case Overview

• This case involves an administrative complaint filed by Engr. Ruben L. Austria, General Manager of the Leyte Electric Cooperative, Inc. (LEYECO), against Eduardo Apa, Clerk of the Municipal Court of Burauen, Leyte.
• The complaint alleges Oppression, Arrogance, Highhandedness, and Malfeasance in the exercise of Apa’s duties as a public officer.

Background and Context

• Eduardo Apa, the respondent, was a member-consumer of LEYECO, with a history of unpaid electric bills amounting to P199.20, leading to the disconnection of his electric service on June 15, 1976.
• Following the disconnection, Apa attempted to contact the linemen responsible and subsequently filed a complaint for Malicious Mischief against them.
• The Municipal Judge issued a warrant for the arrest of the linemen based on Apa's complaint, which led to their arrests later that day.

Allegations Against Respondent

• The primary accusations against Eduardo Apa include:
  • Engaging in oppressive and high-handed behavior as a public officer.
  • Maliciously filing a complaint against the linemen for personal grievances.
  • Threatening and ordering the imprisonment of the linemen in poor conditions.

Respondent’s Defense

• Eduardo Apa countered the allegations by asserting:
  • His unpaid bills were due to the negligence of the LEYECO collector, who failed to contact him personall
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