This case has been cited 1 times or more.
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2005-10-25 |
QUISUMBING, J. |
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| Nonetheless, because there is no evidence that respondent allowed the illegal use of the car, or that Sheriff Mulat had been using the car, we cannot declare that any impropriety on this matter have been committed. The charges of misconduct against Sheriff Mulat were investigated separately as A.M. OCA IPI No. 00-856-P and dismissed by this Court on September 25, 2002, for lack of evidence. Furthermore, complainant did not present anything irregular in respondent's continued exercise of jurisdiction over the two motor vehicles in custodia legis, considering that the trial court never lost jurisdiction over the case, the appeal being contrary to law. In administrative proceedings, the burden of proof that respondent committed the act complained of rests on the complainant. If the complainant fails in this, the charge must be dismissed.[29] | |||||