Question & AnswerQ&A (ADMINISTRATIVE ORDER NO. 140)
Assistant Provincial Prosecutor Arturo G. Cabaron was imposed the penalty of dismissal from the service with forfeiture of all benefits and disqualification from re-employment in government service.
APP Arturo G. Cabaron was found administratively liable for grave misconduct in the performance of his duties.
The key allegations include extortion and grave misconduct involving demanding and collecting money from complainants and party-litigants in relation to cases APP Cabaron was handling, and misusing their positions to improperly benefit financially through Atty. Quijano.
Brigida Cabaron, wife of APP Cabaron, was alleged to have actively participated by managing the complaints, demanding payments for attorney's fees, lending money to complainants, and coordinating settlements that involved improper payments to prosecutors.
The Secretary of Justice found the testimonies of the complainants and their witnesses more credible due to their straightforward, consistent and logical statements supported by affidavits from disinterested persons, surpassing the defense's evidence.
Grave misconduct constitutes serious improper behavior or neglect in official duties that violate the standards of moral righteousness expected from public officials, warranting serious disciplinary sanctions including dismissal.
The quantum of proof required in administrative cases such as grave misconduct is substantial evidence, meaning relevant evidence that a reasonable mind might accept as adequate to support a conclusion.
The complaint showed that APP Cabaron and his wife demanded and received money as fees for attorney services and settlements, and suggested improper maneuvers like having a third party accept ownership of seized items, which reflects improper influence and conflict of interest.
The administrative order or decision imposing the penalty is issued, formalizing the dismissal from service and forfeiture of benefits, effectively removing the official from government service and barring reemployment.
This case emphasizes that government officials, especially those in prosecutorial roles, must uphold strict moral standards and integrity, as their conduct reflects public trust and the fairness of the justice system.