MARLYN D. MELITON, JULIETA O.

AGUSTIN,
NORMIE M, SURILLA, MARY JANE MAGTULIS-
JULIAN & ALLAN JARAVATA,
Complainants,

-versus -

ARSENIO S. ORDON,
Respondent

ADM. Case No. SB-16-01

FOR: Grave Misconduct, Unbecoming of a Public official, and Abuse of Authority

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Draft Decision

LACK OF EVIDENCE AND PURELY ALLEGATIONS TO SUPPORT THE SUSPENSION.

Before this Sanggunian is a sworn complaint filed on ________, by complainant _________ , charging
respondent ____________, with grave misconduct, unbecoming of a public official, and abuse of authority.

In accordance with the recommendation of the Ad Hoc Committee, this Sanggunian hereby decides the case
based on the evidence presented by both parties and investigation made by the committee.

Misconduct is an intentional wrongdoing on a deliberate violation of a rule of law or standard or behaviour

especially by a government official. Misconduct is grave when the elements are present; 1. Corruption 2. Clear intent to
violate the law or 3. Flagrant disregard of established rule is present. Based on the sworn statements submitted by the
complainants, they failed to prove that the respondent violated a certain law or ordinance or corruption has been made.
In fact, the respondent being the barangay captain of the said barangay, conducted a roving for the implementation of
their resolution no. 03-2015.

The code of conduct and ethical standards for public officials and employees enunciates the state policy to
promote a high standard of ethics in public service, and enjoins in public officials and employees to discharge their
duties with utmost responsibility, integrity, and competence. Section 4 of the code lays down the norms of conduct
which every public official and employee shall observe in the discharge and execution of their official duties, specifically
providing that they shall at all times respect the rights of others, and refrain from doing acts contrary to law, good
morals, good customs, public policy, public order, and public interest. Thus any conduct contrary to these standards
would qualify as conduct unbecoming of a public official. In the present case, the evidences presented by the
complainants are insufficient to prove that the respondent actually committed the act. Statements are purely allegations
and no supporting documents shown to serve as evidence. The preponderance of evidence is lacking and that the clear
and convincing evidence or the burden of proof that a fact is substantially more probable than not probable, is not
present.

With regard to abuse of authority, such has been defined as a misdemeanour committed by a public official,
who under color of his office, wrongfully inflicts upon any person any bodily harm, imprisonment or other injury; it is an
act of cruelty, severity, or excessive use of authority. Again, the complainants failed to submit to this Sanggunian
additional evidence especially the medical certificate to prove that the respondent wrongfully inflicted the students with
samurai (Japanese sword).

Due to insufficiency or lack of evidence and the elements of the grounds for suspension did not met, this
Sanggunian hereby DISMISS the case.

WHEREFORE, ARSENIO S. ORDON, is hereby found NOT GUILTY of Grave Misconduct, Unbecoming of a Public
Official, and Abuse of Authority.

SO ORDERED.