The Office of the Ombudsman found Associate Provincial Prosecutor Joan Albarece of the Office of the Provincial Prosecutor (OPP) of Misamis Oriental, Cagayan De Oro, guilty of Simple Misconduct and imposed the penalty of suspension for one month and one day.
The case arose from an altercation on 21 July 2016 between respondent Albarece and complainant Quennie Ebonia at their workplace at the OPP. According to Ebonia, respondent had a fit and slammed the case folders on the table, threw the stapler and puncher, pushed her, and shouted at her.
When the matter was elevated to the Integrated Bar of the Philippines, respondent confronted complainant and stated “Kusgan ko? Kay kung gusto pa nako momo-on, gimomo ta jud kag maayo, di ka. So ayaw pag palabi karun palang, gapa exaggerate kana ba bakakun kang dako, di ka kabalo mu-accept kung unsa imong gabuhaton sa ako, dunggan mana nila Myrna ba nga ingana ka!” (Am I that strong? If I wanted to smash your face, I would have smashed it already. Do not exaggerate. You are a liar. You cannot accept what you have done to me).
The Office of the Ombudsman junked Albarece’s argument that her actions have no bearing on her performance as a prosecutor.
According to the Ombudsman Decision, “the fact that respondent’s acts were committed within the premises of the OPP strengthens this Office’s view that such acts were intimately connected to her office. Verily, respondent is liable for misconduct for acting menacingly towards complainant.”
“Employees in the government service are bound by the rules of proper and ethical behavior. They are expected to act with self-restraint and civility at all times, even when confronted with rudeness and insolence,” the Ombudsman Decision added.
Misconduct has been defined as a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer. ###