ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

  •  





     
     

    A.M. No. P-01-1512   September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.M. No. P-01-1512. September 24, 2001.]

    TERESITA H. ZIPAGAN, Complainant, v. JOVENCIO N. TATTAO, Court Interpreter III, Regional Trial Court, Cabagan, Isabela, Respondent.

    D E C I S I O N


    PANGANIBAN, J.:


    The conduct of all employees in the judiciary is circumscribed with a heavy burden of responsibility. It must at all times be characterized by strict propriety and decorum so as to maintain the respect of the public.chanrob1es virtual law library

    Statement of the Case

    Before this Court is a Complaint 1 filed by Teresita H. Zipagan, 2 in which she charges Jovencio N. Tattao, Court Interpreter III of the Regional Trial Court (RTC) of Cabagan, Isabela, with gross misconduct in office. Quoted hereunder is her Complaint:jgc:chanrobles.com.ph

    "That on or about February 26, 1998, at Cabagan, Isabela, Philippines, and within the jurisdiction of this Honorable Supreme Court, the said accused, did then and there while complainant was in the premises of the official station of the accused at the Regional Trial Court, Branch 22, Cabagan, Isabela, . . . [abuse] his official stature, assault, slap and hit with a glass the victim TERESITA H. ZIPAGAN, thereby causing injury to the said complainant as per Medico Legal Certificate issued by Dra. Mignonette Tamayo, which would require a healing period of seven (7) days and medical attendance for the same period of time, to the damage and prejudice of the said complainant." 3

    The Facts


    The factual antecedents of the present case are summarized by the Office of the Court Administrator 4 (OCA) in a Memorandum dated May 18, 2001, as follows:jgc:chanrobles.com.ph

    "A SWORN COMPLAINT dated 26 February 1998 of Teresita H. Zipagan accusing Jovencio N. Tattao of gross misconduct in office was received by the Office of the Court Administrator . . .

    "Complainant claims that on 26 February 1998 she went to the Office of the Clerk of Court of the Regional Trial Court of Cabagan, Isabela to discuss an important official matter with the presiding judge of said Court. Thereafter she talked with a certain Mrs. Albano, ‘the officer-in-charge of the Regional Trial Court, Branch 22, Cabagan, Isabela’ regarding her consultation with the judge. It was at that juncture that respondent berated her saying ‘[M]anao ca ngana taue, cannu oorderan nga Department of Justice y oficina mi ta under cami lappa ta Supreme Court, gagangay gare tu sipsip ca adde tagga ta cami Judge Vera Cruz,[’] which means in English, ‘[G]et out of this place, we don’t receive orders from the Department of Justice because we are under the Supreme Court, you [have been] a sucker ever since the time of Judge Vera Cruz.’ Afterwards, respondent slapped her right cheek and hit her right eye with a glass with water causing her to become wet. As a result of the incident she suffered injury in her right eye.chanrob1es virtua1 1aw 1ibrary

    In his COMMENT dated 02 June 1998, respondent avers that on 26 February 1998, complainant entered their office and therein shouted ‘. . . so many utterances which disturbed the people who [were] attending the trial of cases set for said date.’ He told her not to shout since their office [was] not a market place but complainant went near him and threw the ‘glass of Sprite’ he was drinking (respondent was taking his merienda that time). Thereafter, Zipagan hit him with a ballpen, wounding his right elbow in the process so he slapped her with his left hand. Still, complainant kept on attacking him and was only pacified when Utility Worker Gerard Vinasoy brought her out of the office.

    "Tattao claims that Zipagan filed a criminal complaint against him with MCTC, Cabagan, Isabela for which he already filed a counter-affidavit. Respondent closes his COMMENT saying ‘that with the unbecoming conduct of Mrs. Teresita H. Zipagan, she should be punished for conduct unbecoming and besides she should be investigated for frequently absenting herself from office every Wednesday of the week because she is attending to her sari-sari store in Cabagan Public Market, without leave of absence and for collecting illegal bet for [j]ueteng, she being an employee of the Public Prosecutor’s Office.’

    "In a resolution of the Third Division of this Court dated 31 January 2000, the Court resolved to refer this case to Executive Judge Alfredo G. Vergara, Regional Trial Court, Cabagan, Isabela for investigation, report and recommendation within sixty (60) days from receipt of the records of the case.

    "However on 21 March 2000, counsel for the complainant, Atty. Carlos T. Aggabao, filed with this Office an Urgent Motion for Inhibition of the Investigating Judge claiming that respondent Jovencio N. Tattao [was] a subordinate of the executive judge and that both of them used to [be] together in coming to Cabagan and going home to Ilagan, Isabela.chanrob1es virtua1 1aw 1ibrary

    "On 02 August 2000 the Third Division of this Court issued a resolution designating Executive Judge Juan A. Bigornia, Jr. [of] Branch 18, Regional Trial Court, Ilagan, Isabela to conduct the investigation." 5

    Recommendation of the Investigating Judge

    Judge Juan A. Bigornia Jr., 6 executive judge of the RTC of Ilagan, Isabela (Branch 18), conducted the investigation on the matter. In his Report and Recommendation 7 dated January 31, 2001, he made the following recommendation:chanrob1es virtual 1aw library

    After evaluating the evidence, we find [that] respondent Jovencio Tattao, failed to measure up to that behavior expected of a court employee and gentleman. We recommend a fine of FIVE THOUSAND (Php 5,000.00) PESOS, to set an example to other court employees to conduct themselves properly in their dealings with other persons." 8

    Recommendation of the OCA

    The OCA sustained the findings of the investigating judge. But considering the high-strung and belligerent behavior of respondent, his unbecoming acts as a judicial employee, and complainant’s gender, the OCA recommended the more severe penalty of suspension for one month with a warning that a repetition of the same or a similar act in the future shall be dealt with more severely.

    The Court’s Ruling


    We agree with the recommendation of the OCA.

    Respondent’s Administrative Liability

    Time and time again, this Court has emphasized that "the conduct of every employee of the judiciary must be at all times characterized [by] propriety ‘and decorum and above all else, it must be above and beyond suspicion." 9 We have reiterated in several cases 10 that "the conduct and behavior of every official and employee of an agency involved in the administration of justice, from the presiding judge to the most junior clerk, should be circumscribed with the heavy burden of responsibility. Their conduct must at all times be characterized by, among others, strict propriety and decorum so as to earn and keep the respect of the public for the judiciary.’’ 11chanrob1es virtua1 1aw 1ibrary

    Moreover, the Code of Conduct and Ethical Standards for Public Officers and Employees (RA 6713) implements the State policy of promoting a high standard of ethical responsibility in the public service. Specifically, Section 4 of the Code requires" [p]ublic officials and employees . . . [to] respect the rights of others, and . . . refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest."cralaw virtua1aw library

    Clearly, the brash and callow behavior of respondent is unbecoming a court employee. Assuming that complainant was disturbing the orderly administration of justice with her noisy chatter, respondent should have exercised more patience and adopted a more prudent manner in asking her to leave the office. His abrupt interruption of the conversation, followed by his slapping her face and hitting her right eye has shamed not only the court he was serving, but the entire judiciary as well.

    Clearly, respondent has degraded the dignity of the judiciary and undermined the people’s faith and confidence in it. Indeed, the Court looks with great disfavor [upon] any display of animosity by any court employee. Court personnel must, at all times, act with strict propriety and proper decorum so as to earn the public’s regard for the judiciary. Improper behavior, particularly during office hours, exhibits not only a paucity of professionalism at the workplace but also a great disrespect to the court itself. Such a demeanor is a failure of circumspection demanded of every public official and employee." 12

    Respondent evidently failed to measure up to this expectation when he mauled complainant, causing her eye injury.

    WHEREFORE, respondent is found guilty of gross misconduct in office and is hereby SUSPENDED for a period of one month, with a stern warning that a repetition of the same or a similar act shall be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Melo, Vitug, Gonzaga-Reyes, and Sandoval-Gutierrez, JJ., concur.

    Endnotes:



    1. Rollo, pp. 1-2.

    2. Stenographic Reporter III of the Public Prosecutor’s Office.

    3. Complaint, p. 1; Rollo, p. 1.

    4. The Memorandum was signed by Deputy Court Administrator Bernardo T. Ponferrada and recommended by Acting Court Administrator Zenaida N. Elepaño.

    5. Court Administrator’s Report, pp. 1-2.

    6. Initially, the Court referred the matter to Judge Alfredo G. Vergara, executive judge of the RTC of Cabagan, Isabela (Branch 22), for investigation, report and recommendation. But because of an urgent Motion for Inhibition filed by complainant’s counsel, Atty. Carlos T. Aggabao, the Court resolved to designate Judge Bigornia to conduct the investigation of the matter.

    7. The Report and Recommendation was-received by the Clearance and Docket Division of this Court on February 15, 2001.

    8. January 31, 2001 "Report and Recommendation" of Judge Juan A. Bigornia Jr. to then Court Administrator Alfredo L. Benipayo, p. 3.

    9. Bilag-Rivera v. Flora, 245 SCRA 603, 612, July 6, 1995, per Padilla, J.

    10. Alawi v. Alauya, 268 SCRA 628, 637, February 24, 1997, per Narvasa, CJ, citing Apaga v. Ponce, 245 SCRA 233, 240, June 21, 1995, citing Callejo Jr. v. Garcia, 206 SCRA 491, February 25, 1992; Angeles v. Bantug, 209 SCRA 413, May 28, 1992; Icasiano Jr. v. Sandiganbayan, 209 SCRA 377, May 28, 1992; Medilo v. Asodisen, 233 SCRA 68, June 13, 1994.

    11. Ibid.

    12. Gratela v. Yonzon Jr., 256 SCRA 587, 591-92, April 29, 1996, per Vitug, J.

    A.M. No. P-01-1512   September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED