Case Summary (A.M. No. P-25)
Factual Background
On October 31, 1965, Omadto submitted a complaint to the Office of the Solicitor General accusing Evangelista of improperly issuing a Certificate of Court Clearance to See Tun, who had been sentenced to life imprisonment for murder. This clearance was issued despite See Tun's criminal history, thus enabling him to leave the Philippines on July 12, 1965. The certification erroneously claimed that no criminal case was pending against See Tun, which formed the basis of the complaint.
Investigation and Proceedings
The case was referred to the Secretary of Justice, leading to an investigation initiated by the Clerk of Court of First Instance, Pasig, Rizal. Evangelista denied the allegation, asserting that the Court Clearance was issued to a different individual named See Tun who did not have aliases or a criminal record. However, discrepancies in the testimonies and records surfaced, suggesting a lack of diligent investigation on Evangelista's part. The hearing process faced multiple postponements, primarily stalled by requests for delays from both parties pending further investigations by the National Bureau of Investigation (NBI).
Testimonies and Evidence
On February 18, 1970, Omadto testified that he confirmed with the Bureau of Immigration that Evangelista was responsible for the clearance issued to See Tun, who was indeed the same individual convicted in Criminal Case No. 8749. NBI testimonies illustrated that the same name existed in two separate records, and discrepancies further complicated Evangelista’s defense. Ultimately, it was established that proper procedures were undermined, and the failure to adequately verify the identity of See Tun contributed to the issuance of the clearance.
Findings of the National Bureau of Investigation
The NBI's investigation yielded conclusive findings that Evangelista was aware of the murder charge against See Tun at the time he issued the clearance. The report indicated that respondent neglected the necessary protocols in approving the clearance that allowed the convicted individual to leave the country, evidenced by his failure to gather essential documents or to require See Tun’s personal appearance for further verification.
Legal Implications
Evangelista’s actions were classified as "dishonesty" within the scope of the Civil Service Rules and Regulations. These actions facilitated criminal escape and constituted falsification of public documents. Moreover, case history revealed that Evangelista had previous administrative issues regarding negligence and dishonesty in relation to his official duties.
Administrative Recommendations and Conclusions
The recommendation to dismiss
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Case Overview
- This case involves a complaint filed by Murillo Omadto against Francisco G. Evangelista, the Special Deputy Clerk of Court of First Instance in Pasig, Rizal.
- The complaint centers on the issuance of a Certificate of Court Clearance to a convicted murderer, See Tun, enabling him to leave the Philippines.
Background of the Case
- On October 31, 1965, Omadto accused Evangelista of issuing a court clearance to See Tun, who was serving a life sentence for murder in Criminal Case No. 8749.
- The certification stated that there were no criminal cases against See Tun, facilitating his departure to Hong Kong on July 12, 1965.
Investigation and Initial Proceedings
- The complaint was forwarded to the Secretary of Justice and subsequently to the Clerk of Court for investigation.
- Respondent Evangelista denied the allegations, claiming that the See Tun he certified was a different individual with no criminal record.
- He provided evidence including affidavits and a photograph to support his defense.
Delays in the Investigation
- The investigation faced multiple postponements, delaying the hearings for several years.
- The complainant eventually testified in February 1970, identifying