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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)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
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March-2003 Jurisprudence                 

  • G.R. No. 129279 March 4, 2003 - ALFREDO M. OUANO v. COURT OF APPEALS, ET AL.

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  • A.C. No. 5925 March 11, 2003 - RUBY MAE BARNACHEA v. ATTY. EDWIN T. QUIOCHO

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  • G.R. No. 130325 March 12, 2003 - RAMON T. LIM v. COMMISSION ON AUDIT

  • A.M. No. 02-8-471-RTC March 14, 2003 - RE: JUDICIAL AUDIT REPORT CONDUCTED IN THE RTC, BR. 17, KIDAPAWAN CITY

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  • G.R. Nos. 133994-95 March 14, 2003 - PEOPLE OF THE PHIL. v. PEDRO BACALING

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  • G.R. No. 145505 March 14, 2003 - PEOPLE OF THE PHIL. v. RICARDO GARCIA

  • G.R. No. 149416 March 14, 2003 - CARMELITA V. SANTOS v. SAN MIGUEL CORP.

  • G.R. Nos. 149872-73 March 14, 2003 - PEOPLE OF THE PHIL. v. ROSDIA S. HAJILI

  • G.R. No. 150843 March 14, 2003 - CATHAY PACIFIC AIRWAYS v. SPS DANIEL and MARIA LUISA VAZQUEZ

  • G.R. No. 154499 March 14, 2003 - ALBERTO V. REYES, ET AL. v. RURAL BANK OF SAN MIGUEL

  • A.C. No. 5305 March 17, 2003 - MARCIANO P. BRION, JR. v. FRANCISCO F. BRILLANTES, JR.

  • A.M. No. P-02-1607 March 17, 2003 - ELSIE U. MAMACLAY v. JOEL FRANCISCO

  • G.R. No. 122150 March 17, 2003 - GEORGE (CULHI) HAMBON v. COURT OF APPEALS, ET AL.

  • A.M. No. RTJ-02-1704 March 18, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. TOMAS B. NOYNAY

  • G.R. No. 128871 March 18, 2003 - PEOPLE OF THE PHIL. v. JIMMY RUBISO

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  • G.R. No. 142749 March 18, 2003 - PEOPLE OF THE PHIL. v. BERNARDO C. GAVINO

  • A.C. No. 5162 March 20, 2003 - EMILIANO COURT TOWNHOUSES HOMEOWNERS ASS’N.. v. MICHAEL DIONEDA

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  • A.C. No. 5246 March 20, 2003 - EDGAR O. PEREA v. RUBEN ALMADRO

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  • A.M. No. P-03-1685 March 20, 2003 - MONICA A. VILLASEÑOR v. PATRICIA S.J. DE LEON

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  • G.R. No. 124611 March 20, 2003 - WENONAH L. MARQUEZ-AZARCON v. CHARITO BUNAGAN, ET AL.

  • G.R. No. 143275 March 20, 2003 - LAND BANK OF THE PHIL. v. ARLENE DE LEON, ET AL.

  • G.R. No. 144156 March 20, 2003 - PEOPLE OF THE PHIL. v. PAQUITO ROMERO

  • G.R. No. 145995 March 20, 2003 - PEOPLE OF THE PHIL. v. SATURNINO J. ILUIS

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  • A.C. No. 5081 March 24, 2003 - EMILIANA M. EUSTAQUIO, ET AL. v. ATTY. REX C. RIMORIN

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  • G.R. No. 143867 March 25, 2003 - PLDT v. CITY OF DAVAO, ET AL.

  • A.M. No. P-02-1534 March 26, 2003 - OSCAR S. AQUINO v. RICARDO C. OLIVARES

  • A.M. No. P-98-1275 March 26, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. EDGARDO A. MABELIN

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  • G.R. No. 135682 March 26, 2003 - PEOPLE OF THE PHIL. v. DANILO B. REYES

  • G.R. No. 137406 March 26, 2003 - PEOPLE OF THE PHIL. v. ROGELIO DELADA, JR.

  • G.R. No. 137795 March 26, 2003 - COLEGIO DE SAN JUAN DE LETRAN-CALAMBA v. BELEN P. VILLAS

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  • G.R. No. 155618 March 26, 2003 - EDGAR Y. SANTOS v. COMELEC, ET AL.

  • G.R. No. 126029 March 27, 2003 - PEOPLE OF THE PHIL. v. REY SUNGA, ET AL.

  • A.M. No. MTJ-02-1395 March 28, 2003 - BAIKONG AKANG CAMSA v. AURELIO D. RENDON, ET AL.

  • A.M. No. MTJ-02-1412 March 28, 2003 - BERNIE G. MIAQUE, ET AL. v. NILO P. PAMONAG

  • A.M. No. P-01-1491 March 28, 2003 - ELEANOR TEODORA MARBAS-VIZCARRA v. PRINCESITO SORIANO

  • A.M. No. P-02-1535 March 28, 2003 - FERNANDO FAJARDO v. RODOLFO V. QUITALIG

  • A.M. No. RTJ-03-1766 March 28, 2003 - LINDA M. SACMAR v. AGNES REYES-CARPIO

  • A.M. No. RTJ-03-1767 March 28, 2003 - ROSALIA DOCENA-CASPE v. ARNULFO O. BUGTAS

  • G.R. No. 112459 March 28, 2003 - PEOPLE OF THE PHIL. v. PEDRO TUMULAK

  • G.R. Nos. 116224-27 March 28, 2003 - PEOPLE OF THE PHIL. v. DONATO CARAIG

  • G.R. No. 139455 March 28, 2003 - REPUBLIC OF THE PHIL., ET AL. v. PEDRO MARIANO

  • G.R. No. 139907 March 28, 2003 - PEOPLE OF THE PHIL. v. MARCELO BATES

  • G.R. No. 142930 March 28, 2003 - PEOPLE OF THE PHIL. v. KAKINGCIO CAÑETE

  • G.R. No. 143704 March 28, 2003 - PEOPLE OF THE PHIL. v. ALEX MANALLO

  • G.R. No. 152404 March 28, 2003 - RODOLFO ARZAGA, ET AL. v. SALVACION COPIAS, ET AL.

  • G.R. No. 120135 March 31, 2003 - BANK OF AMERICA NT&SA, ET AL. v. COURT OF APPEALS, ET AL.

  •  




     
     

    A.M. No. P-02-1607   March 17, 2003 - ELSIE U. MAMACLAY v. JOEL FRANCISCO

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. No. P-02-1607. March 17, 2003.]

    (Formerly AM-OCA-IPI No. 00-882-P)

    ELSIE U. MAMACLAY, Petitioner, v. JOEL FRANCISCO, Process Server, RTC-OCC, Cabanatuan City, Respondent.

    R E S O L U T I O N


    AUSTRIA-MARTINEZ, J.:


    Complainant Elsa U. Mamaclay filed a sworn letter-complaint dated April 6, 2000, charging Joel Francisco, a process server of the Office of the Clerk of Court of the Regional Trial Court of Cabanatuan City, with deceitful and fraudulent acts in violation of the Civil Service Law. Complainant claims that respondent issued postdated check no. 1062219 in the amount of P30,000.00 knowing fully well that at the time of its issuance, he had no funds in the bank, and respondent continuously failed and refused to deposit funds or redeem the check. 1

    Respondent filed his Comment, admitting that he borrowed from complainant P30,000.00 at 5 percent monthly interest to finance his balut dealership, and as guarantee, he issued an undated check. 2 His business, however, suffered a loss and he was unable to settle his obligation with complainant. Complainant then filed a criminal case against him for violation of Batas Pambansa Blg. 22 in May 1999. Thereafter, complainant agreed to have his obligation paid in installments and he was able to make a partial payment in the amount of P10,000.00. 3 On August 2, 2000, complainant filed an Affidavit of Desistance, requesting for the dismissal of the administrative case against Respondent. 4

    The Office of the Court Administrator (OCA) opined that (1) complainant’s desistance does not divest the Court of its jurisdiction nor strip it of its power to determine the veracity of the charges, (2) complainant should be warned not to use the Court as a collection agency, and (3) respondent committed an act unbecoming a government employee when he issued a post-dated check which was dishonored upon presentment for lack of funds. 5 The OCA recommended that respondent be fined in the amount of P3,000.00 for conduct unbecoming a government employee with warning that repetition of the same or similar acts in the future shall be dealt with more severely. 6

    We fully agree with the findings and recommendations of the OCA but we modify its recommendation as to the penalty.chanrob1es virtua1 1aw 1ibrary

    The Court has the duty to root out misconduct among its employees, regardless of the parties’ desistance. 7 Administrative proceedings do not depend on the whims and caprices of the concerned employees for the aggrieved party is the court system. The issue in administrative cases is not whether the complainant has a cause of action against the respondent, but whether the employees have breached the norms and standards of the judiciary. 8

    Government officials and employees, especially those employed in the Judiciary, are bound by the highest standards of propriety and decorum to maintain the people’s respect and faith in the Judiciary. 9 They are expected to be models of uprightness, fairness and honesty not only in all official conduct but also in personal actuations, including business and commercial transactions, and avoid any act or conduct that would be a bane to, and an emasculation of, the public trust and confidence reposed on the Judiciary. 10

    In the present case, respondent admitted that he was unable to pay his debt to complainant. He also does not refute complainant’s allegation that he issued a check without sufficient funds therefor. Respondent’s issuance of a bouncing check constitutes misconduct which is a ground for disciplinary action. 11 The conduct of every personnel connected with the courts should at all times be circumspect to preserve the integrity and dignity of the courts of justice. 12

    WHEREFORE, respondent Joel Francisco, Process Server of the Office of the Clerk of Court of the Regional Trial Court of Cabanatuan City is hereby found GUILTY of MISCONDUCT and is accordingly FINED the amount of Three Thousand Pesos (P3,000.00) which he should pay within sixty (60) days from date of notice of herein Resolution with WARNING that a repetition of the same or similar acts in the future will be dealt with more severely.chanrob1es virtua1 1aw 1ibrary

    Let a copy of this Resolution be attached to the 201 Files of respondent Joel Francisco.

    Bellosillo, Mendoza, Quisumbing and Callejo, Sr., JJ., concur.

    Endnotes:



    1. Rollo, p. 1.

    2. Id., p. 14.

    3. Ibid.

    4. Id., p. 19.

    5. Id., p. 20.

    6. Id., p. 21.

    7. Dionisio v. Gilera, A.M. No. P-99-1330, August 12, 1990, 312 SCRA 287, 295.

    8. Ibid.

    9. Re: Disciplinary Action against Antonio Lamano, Jr., of the Judgment Division, Supreme Court, A.M. No. 99-10-10-SC, November 29, 1999, 319 SCRA 350, 352.

    10. Manalo v. Hon. Demaala, Adm. Matter No. 1906-MJ, 191 Phil. 640, 645 (1981).

    11. Abergas v. Bagolbagol, 330 Phil. 74, 77–78 (1996).

    12. Gaña v. Santos, 234 SCRA 17 (1994).

    A.M. No. P-02-1607   March 17, 2003 - ELSIE U. MAMACLAY v. JOEL FRANCISCO




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