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December-1997 Jurisprudence                 

  • G.R. Nos. 124360 & 127867 December 3, 1997 - FRANCISCO S. TATAD v. SECRETARY OF THE DEPARTMENT OF ENERGY, ET AL.

  • Adm. Matter No. 95-9-98-MCTC December 4, 1997 - REQUEST OF JUDGE EDUARDO F. CARTAGENA

  • G.R. No. 116354 December 4, 1997 - HEIRS OF REYNALDO ANIBAN v. NLRC, ET AL.

  • G.R. No. 117624 December 4, 1997 - PEOPLE OF THE PHIL. v. EFREN L. HERNANDEZ, ET AL.

  • G.R. No. 121508 December 4, 1997 - PEOPLE OF THE PHIL. v. JOEL CABEL

  • G.R. No. 121628 December 4, 1997 - PEOPLE OF THE PHIL. v. REX TURINGAN, ET AL.

  • G.R. No. 126560 December 4, 1997 - ALFONSO PAA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. 97-1-08-MTC December 5, 1997 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN MTC, SIBULAN, NEGROS ORIENTAL

  • G.R. No. 108505 December 5, 1997 - PEOPLE OF THE PHIL. v. ARIEL OLIVA

  • G.R. No. 117196 December 5, 1997 - LADISLAO P. VERGARA v. NLRC, ET AL.

  • G.R. Nos. 119078-79 December 5, 1997 - PEOPLE OF THE PHIL. v. DELVIN ARELLANO, ET AL.

  • G.R. No. 120318 December 5, 1997 - RICARDO CANICOSA v. COMELEC, ET AL.

  • G.R. No. 121878 December 5, 1997 - PEOPLE OF THE PHIL. v. HECTOR ESTARES

  • G.R. No. 124456 December 5, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 108722 December 9, 1997 - PEOPLE OF THE PHIL. v. ERLINDA CARREON

  • G.R. No. 124554 December 9, 1997 - ETERNAL GARDENS MEMORIAL PARK CORP. v. COURT OF APPEALS, ET AL.

  • Adm. Matter SB-95-6-P December 10, 1997 - PEPITO GUILLEN v. LUIS CONSTANTINO

  • G.R. No. 108731 December 10, 1997 - DEL MAR DOMESTIC ENTERPRISES, ET AL. v. NLRC, ET AL.

  • G.R. No. 121241 December 10, 1997 - FURUSAWA RUBBER PHIL., INC. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 109169 December 12, 1997 - PEOPLE OF THE PHIL. v. ROLANDO ABRERA, ET AL.

  • G.R. No. 110715 December 12, 1997 - ELBERT TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111953 December 12, 1997 - RENATO C. CORONA, ET AL. v. UNITED HARBOR PILOTS ASSN. OF THE PHILS., ET AL.

  • G.R. Nos. 112287 & 112350 December 12, 1997 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114905 December 12, 1997 - PEOPLE OF THE PHIL. v. DONNIE PERALTA

  • G.R. Nos. 117483-84 December 12, 1997 - PEOPLE OF THE PHIL. v. NORLITO CARA, ET AL.

  • G.R. No. 122487 December 12, 1997 - PEOPLE OF THE PHIL. v. REYNALDO BERROYA, ET AL.

  • G.R. No. 122653 December 12, 1997 - PURE FOODS CORP. v. NLRC, ET AL.

  • G.R. Nos. 122743 & 127215 December 12, 1997 - TELEFUNKEN SEMICONDUCTORS EMPLOYEES UNION v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 123595 December 12, 1997 - SAMMY MALACAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 126623 December 12, 1997 - ERNESTO MORALES v. COURT OF APPEALS, ET AL.

  • G.R. No. 129938 December 12, 1997 - ALFREDO B. ENOJAS, JR. v. COMELEC, ET AL.

  • G.R. No. 109714 December 15, 1997 - BETTER BUILDINGS, INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 110163 December 15, 1997 - EDUARDO A. ZANORIA v. COURT OF APPEALS

  • G.R. No. 111244 December 15, 1997 - ARTURO ALANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 113466 December 15, 1997 - NATIONAL FEDERATION OF LABOR, ET AL. v. NLRC, ET AL.

  • G.R. No. 116487 December 15, 1997 - PEOPLE OF THE PHIL. v. MICHAEL CABAL, ET AL.

  • G.R. No. 118086 December 15, 1997 - SUSAN G. CARUNGCONG v. NLRC, ET AL.

  • G.R. No. 118463 December 15, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 122655 December 15, 1997 - REYNALDO B. ALFANTE v. NLRC, ET AL.

  • G.R. No. 123648 December 15, 1997 - ABDULLAH A. JAMIL v. COMELEC, ET AL.

  • G.R. No. 130148 December 15, 1997 - JOSE BORDADOR, ET AL. v. BRIGIDA D. LUZ, ET AL.

  • Adm. Matter No. P-94-1088 December 17, 1997 - OFFICE OF THE COURT ADMINISTRATOR v. ADMER L. FERRER

  • Adm. Matter No. RTJ-97-1394 December 17, 1997 - ROMEO STA. ANA v. GRACIANO H. ARINDAY, JR.

  • G.R. No. 121736 December 17, 1997 - PEOPLE OF THE PHIL. v. SAPAL MIDTOMOD

  • Adm. Case No. 4349 December 22, 1997 - LOURDES R. BUSINOS v. FRANCISCO RICAFORT

  • Adm. Matter No. RTJ-97-1395 December 22, 1997 - PEDRO A. SAN JUAN v. LORE V. BAGALASCA

  • G.R. No. 110097 December 22, 1997 - PEOPLE OF THE PHIL. v. ARNULFO ASTORGA

  • G.R. No. 117873 December 22, 1997 - PEOPLE OF THE PHIL. v. MERCY SANTOS

  • G.R. No. 118917 December 22, 1997 - PHILIPPINE DEPOSIT INSURANCE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 120435 & 120974 December 22, 1997 - ESTATE OF THE LATE MERCEDES JACOB, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124724 December 22, 1997 - RENE UY GOLANGCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125752 December 22, 1997 - IRENEO A. MANAHAN v. ARTURO M. BERNARDO, ET AL.

  • G.R. No. 128369 December 22, 1997 - RODOLFO CAOILI v. COURT OF APPEALS, ET AL.

  • G.R. No. 129783 December 22, 1997 - MARCELINO C. LIBANAN v. HRET, ET AL.

  •  





     
     

    Adm. Matter No. P-94-1088   December 17, 1997 - OFFICE OF THE COURT ADMINISTRATOR v. ADMER L. FERRER

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [Adm. Matter No. P-94-1088. December 17, 1997.]

    OFFICE OF THE COURT ADMINISTRATOR, Complainant, v. ADMER L. FERRER, Utility Worker 1, Municipal Trial Court in Cities, Branch 2, General Santos City, Respondent.


    D E C I S I O N


    PER CURIAM:


    Respondent Admer L. Ferrer was a utility worker at Branch 2 of the Municipal Trial Court in Cities (MTCC) of General Santos City. He was charged with qualified theft in connection with the loss of a .45 caliber pistol and three magazines with nine rounds of live ammunition, which had been offered in evidence in a criminal case pending in the court. Based on the same incident, the Office of the Court Administrator (OCA) also administratively charged him on October 17, 1994 with dishonesty and grave misconduct in this case.

    Respondent was required to answer, but failed to do so despite the show cause resolution of February 5, 1995 as well as the resolutions of May 17, 1995 and March 13, 1996 imposing upon him a fine of P500.00 and increasing such fine to P1,000.00, respectively. A copy of the resolution dated March 13, 1996, imposing a P1,000.00 fine on him for failure to file his answer, was returned to this Court on the ground that respondent was no longer at the address given. The Court required the Clerk of Court of Branch 2 of the MTCC of General Santos City to inform it of respondent’s present address, but in her reply, Clerk of Court Norma C. Yumang stated that when she saw respondent’s parents, she was told that respondent had left his parents’ home after getting married on December 1995, apparently without letting them know where he resides at present. Accordingly, the Court, in its resolution dated November 97 1996, considered respondent to have waived his right to file an answer and referred the case to Executive Judge Teodoro A. Dizon, Jr. of the Regional Trial Court of General Santos City for investigation, report and recommendation. Because Judge Dizon had to undergo an eye operation for cataract, the case was transferred to Executive Judge Antonio S. Alano.chanroblesvirtual|awlibrary

    For consideration of the Court are the investigation report of Judge Alano dated June 9, 1997 and the OCA memorandum dated October 10, 1997, both recommending the dismissal of the case.

    It appears that on October 27, 1994, respondent tendered resignation effective that day. On May 30, 1995, Pablo C. Caintic was appointed in his place. The Civil Service Commission approved Caintic’s’ appointment on June 7, 1995. To date respondent has not, however, claimed his retirement benefits. According to the OCA memorandum, "the Office of Administrative Services and the Fiscal Management and Budget Office did not have any knowledge that [respondent] had a[n administrative] case. Said offices became aware of respondent’s case only after receipt of the Court’s November 14, 1994 Resolution [requiring respondent to file his answer to the complaint]. Respondent’s resignation was, therefore, accepted as part of the normal business of said Offices." chanroblesvirtual|awlibrary

    Both the OCA and the investigating judge recommend the dismissal of the case on the ground that respondent’s resignation had rendered the case moot, in accordance with the ruling in Diamalon v. Quintillan, 1 that "As an administrative proceeding is predicated on the holding of an office or position in the Government and there being no doubt as to the resignation of respondent Judge having been accepted as of August 31, 1997, there is nothing to stand in the way of the dismissal of the [administrative complaint against him]."cralaw virtua1aw library

    This, however, is not an iron-clad rule. Court employees with pending administrative cases may be allowed to retire but payment of a portion of their retirement benefits may be withheld to answer for any administrative liability that may be adjudged against them. In this case, there is no doubt as to respondent’s guilt as shown by his plea of guilty to simple theft in the criminal case filed against him. It is noteworthy that respondent has not seen fit to controvert the evidence against him in this case. Despite notices sent to him by the Court, including citation for contempt for failure to file his answer, and despite the subpoena issued to him by Judge Alano, respondent has chosen to remain silent.cralawnad

    In this connection, the Court takes notice of the apparent lack of coordination between the Office of the Court Administrator and the Office of Administrative Services which led to the acceptance of respondent’s resignation despite the pendency of an administrative case against him. The concerned officials are admonished to take the necessary steps to prevent a repeat of similar incidents in the future.

    WHEREFORE, respondent is found GUILTY of dishonesty and grave misconduct and his retirement and all other benefits, including leave credits, are accordingly declared FORFEITED. Respondent is also DISQUALIFIED from reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations.

    SO ORDERED.

    Narvasa, C.J., Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Francisco, Panganiban and Martinez, JJ., concur.

    Endnotes:



    1. 29 SCRA 347 (1969).

    Adm. Matter No. P-94-1088   December 17, 1997 - OFFICE OF THE COURT ADMINISTRATOR v. ADMER L. FERRER


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