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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
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2003 Jurisprudence                 

  • A.M. No. P-02-1548 October 1, 2003 - ROBERT E. VILLAROS v. RODOLFO ORPIANO

  • A.M. Nos. P-03-1697 & P-03-1699 October 1, 2003 - JOCELYN S. PAISTE v. APRONIANO V. MAMENTA

  • G.R. Nos. 133066-67 October 1, 2003 - PEOPLE OF THE PHIL. v. ROMEO H. LAMBID

  • G.R. No. 137554 October 1, 2003 - PEOPLE OF THE PHIL. v. JOHN MAMARION, ET AL.

  • G.R. No. 148198 October 1, 2003 - PEOPLE OF THE PHIL. v. ELIZABETH CORPUZ

  • G.R. Nos. 150630-31 October 1, 2003 - PEOPLE OF THE PHIL. v. JAIME OLAYBAR

  • G.R. No. 152176 October 1, 2003 - PEOPLE OF THE PHIL. v. ROGER D. DELA CRUZ

  • G.R. No. 154130 October 1, 2003 - BENITO ASTORGA v. PEOPLE OF THE PHIL.

  • G.R. No. 156034 October 1, 2003 - DELSAN TRANSPORT LINES, INC. v. C & A CONSTRUCTION, INC.

  • A.M. No. RTJ-03-1803 October 2, 2003 - VICTOR A. ASLARONA v. ANTONIO T. ECHAVEZ

  • G.R. No. 128882 October 2, 2003 - PEOPLE OF THE PHIL. v. JOEL AYUDA

  • G.R. No. 145337 October 2, 2003 - PEOPLE OF THE PHIL. v. LEE HOI MING

  • G.R. No. 150382 October 2, 2003 - PEOPLE OF THE PHIL. v. EDDIE BASITE

  • A.C. No. 6061 October 3, 2003 - RAUL C. SANCHEZ v. SALUSTINO SOMOSO

  • A.M. MTJ-00-1311 October 3, 2003 - SILVESTRE H. BELLO III v. AUGUSTUS C. DIAZ, ET AL.

  • A.M. No. P-02-1547 October 3, 2003 - LEOPOLDO V. CAÑETE v. NELSON MANLOSA

  • A.M. No. P-02-1550 October 3, 2003 - AMELIA L. AVELLANOSA v. JOSE Z. CAMASO

  • G.R. No. 118375 October 3, 2003 - CELESTINA T. NAGUIAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 122134 October 3, 2003 - ROMANA LOCQUIAO VALENCIA, ET AL. v. BENITO A. LOCQUIAO, ET AL.

  • G.R. No. 143388 October 6, 2003 - SPS. ROLANDO and ROSITA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 146569 October 6, 2003 - PEOPLE OF THE PHIL. v. JOHN NEQUIA

  • A.M. Nos. P-03-1744–45 October 7, 2003 - FE ALBANO MADRID v. ANTONIO T. QUEBRAL

  • G.R. No. 135377 October 7, 2003 - DSR-SENATOR LINES, ET AL. v. FEDERAL PHOENIX ASSURANCE CO., INC.

  • G.R. No. 149453 October 7, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • G.R. No. 149717 October 7, 2003 - EASTERN ASSURANCE & SURETY CORP. v. LTFRB

  • G.R. No. 155258 October 7, 2003 - CONRADO S. CANO v. PEOPLE OF THE PHIL.

  • A.C. No. 4881 October 8, 2003 - RAU SHENG MAO v. ANGELES A. VELASCO

  • G.R. No. 120864 October 8, 2003 - MANUEL T. DE GUIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 136845 October 8, 2003 - PEOPLE OF THE PHIL. v. GUILLERMO FLORENDO

  • G.R. No. 145166 October 8, 2003 - PEOPLE OF THE PHIL. v. ALBERTO ROMERO, ET AL.

  • G.R. No. 146118 October 8, 2003 - SAMUEL SAMARCA v. ARC-MEN INDUSTRIES, INC.

  • G.R. Nos. 148056-61 October 8, 2003 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO

  • G.R. No. 149420 October 8, 2003 - SONNY LO v. KJS ECO-FORMWORK SYSTEM PHIL., INC.

  • G.R. No. 152776 October 8, 2003 - HENRY S. OAMINAL v. PABLITO M. CASTILLO, ET AL.

  • G.R. No. 153751 October 8, 2003 - MID PASIG LAND DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 154579 October 8, 2003 - MA. LOURDES R. DE GUZMAN v. PEOPLE OF THE PHIL.

  • A.M. No. P-96-1179 October 10, 2003 - WINSTON C. CASTELO v. CRISTOBAL C. FLORENDO

  • G.R. No. 110604 October 10, 2003 - BUENAVENTURA S. TENORIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140917 October 10, 2003 - MENELIETO A. OLANDA v. LEONARDO G. BUGAYONG, ET AL.

  • A.M. No. P-02-1640 October 13, 2003 - SAAD ANJUM v. CESAR L. ABACAHIN, ET AL.

  • G.R. No. 122765 October 13, 2003 - PEOPLE OF THE PHIL. v. EDGARDO L. VARGAS

  • G.R. No. 141942 October 13, 2003 - PEOPLE OF THE PHIL. v. JIMMY PONCE JAMON

  • G.R. No. 143842 October 13, 2003 - PEOPLE OF THE PHIL. v. MANGI L. ADAM

  • G.R. No. 144662 October 13, 2003 - SPS. EFREN AND DIGNA MASON, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-02-1459 October 14, 2003 - IMELDA Y. MADERADA v. ERNESTO H. MEDIODEA

  • A.M. No. P-03-1674 October 14, 2003 - PABLO B. FRANCISCO v. OLIVIA M. LAUREL

  • A.M. No. RTJ-03-1805 October 14, 2003 - TEODORA A. RUIZ v. ROLANDO G. HOW

  • G.R. No. 153157 October 14, 2003 - PHILIPPINE AIRLINES v. ARTHUR B. TONGSON

  • A.M. No. RTJ-02-1697 October 15, 2003 - EUGENIO K. CHAN v. JOSE S. MAJADUCON

  • A.M. No. RTJ-02-1699 October 15, 2003 - VERNETTE UMALI-PACO, ET AL. v. REINATO G. QUILALA, ET AL.

  • A.M. No. RTJ-03-1808 October 15, 2003 - RADELIA SY, ET AL. v. ANTONIO FINEZA

  • G.R. Nos. 123144, 123207 & 123536 October 15, 2003 - PABLO P. BURGOS, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126119 October 15, 2003 - PEOPLE OF THE PHIL v. GILDO B. PELOPERO PNP

  • G.R. No. 130662 October 15, 2003 - PEOPLE OF THE PHIL. v. SERGIO ABON

  • G.R. No. 138364 October 15, 2003 - PEOPLE OF THE PHIL. v. ROGELIO VILLANUEVA

  • G.R. No. 142381 October 15, 2003 - PHILIPPINE BLOOMING MILLS, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142595 October 15, 2003 - RACHEL C. CELESTIAL v. JESSE CACHOPERO

  • G.R. Nos. 148139-43 October 15, 2003 - PEOPLE OF THE PHIL. v. HERMENIO CANOY

  • G.R. No. 156273 October 15, 2003 - HEIRS OF TIMOTEO MORENO, ET AL. v. MACTAN-CEBU INT’L. AIRPORT AUTHORITY

  • A.M. No. SCC-00-6-P October 16, 2003 - RE: Ma. Corazon M. Molo

  • A.M. No. P-02-1592 October 16, 2003 - LUZITA ALPECHE v. EXPEDITO B. BATO

  • G.R. No. 141074 October 16, 2003 - PEOPLE OF THE PHIL. v. NORLY LIBRADO

  • G.R. No. 144881 October 16, 2003 - BETTY T. CHUA v. ABSOLUTE MNGT. CORP., ET AL.

  • G.R. Nos. 147650-52 October 16, 2003 - PEOPLE OF THE PHIL. v. RODOLFO S. PEPITO

  • G.R. No. 152492 October 16, 2003 - PALMA DEVELOPMENT CORP. v. MUN. OF MALANGAS

  • G.R. Nos. 153991-92 October 16, 2003 - ANWAR BERUA BALINDONG v. COMELEC, ET AL.

  • A.M. No. P-01-1475 October 17, 2003 - MANUEL R. AQUINO v. JOCELYN C. FERNANDEZ

  • G.R. No. 131399 October 17, 2003 - ANGELITA AMPARO GO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 133759-60 October 17, 2003 - PEOPLE OF THE PHIL. v. LEONITO LORENZO

  • G.R. Nos. 148673-75 October 17, 2003 - PEOPLE OF THE PHIL. v. FLORENCIO R. ABANILLA

  • G.R. No. 150286 October 17, 2003 - ELCEE FARMS, INC., ET AL. v. PAMPILO SEMILLANO, ET AL.

  • G.R. No. 142885 October 22, 2003 - PEOPLE OF THE PHIL. v. WILLIAM TIU, ET AL.

  • A.M. No. MTJ-01-1368 October 23, 2003 - JOSE GODOFREDO M. NAUI v. MARCIANO C. MAURICIO, SR.

  • G.R. No. 120409 October 23, 2003 - PEOPLE OF THE PHIL. v. WILLIAMSON PICKRELL, ET AL.

  • G.R. No. 120670 October 23, 2003 - PEOPLE OF THE PHIL. v. HEDISHI SUZUKI

  • G.R. No. 125689 October 23, 2003 - PEOPLE OF THE PHIL. v. ANTONIO SATIOQUIA

  • G.R. No. 127153 October 23, 2003 - PEOPLE OF THE PHIL. v. SATUR G. APOSAGA

  • G.R. No. 132788 October 23, 2003 - PEOPLE OF THE PHIL. v. ISAIAS FERNANDEZ, ET AL.

  • G.R. No. 134485 October 23, 2003 - PEOPLE OF THE PHIL. v. OSCAR PEREZ

  • G.R. Nos. 134573-75 October 23, 2003 - PEOPLE OF THE PHIL. v. VICENTE BINARAO, ET AL.

  • G.R. No. 136849 October 23, 2003 - PEOPLE OF THE PHIL. v. NESTOR A. CODERES

  • G.R. No. 138456 October 23, 2003 - PEOPLE OF THE PHIL. v. ROLANDO P. DEDUYO

  • G.R. No. 140247 October 23, 2003 - ALEX ASUNCION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143252 October 23, 2003 - CEBU MARINE BEACH RESORT, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 146368-69 October 23, 2003 - MADELEINE MENDOZA-ONG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 146608 October 23, 2003 - SPS. CONSTANTE & AZUCENA FIRME v. BUKAL ENTERPRISES AND DEV’T. CORP.

  • G.R. No. 147369 October 23, 2003 - SPS. PATRICK and RAFAELA JOSE v. SPS. HELEN and ROMEO BOYON

  • G.R. No. 147549 October 23, 2003 - JESUS DELA ROSA, ET AL. v. SANTIAGO CARLOS, ET AL.

  • G.R. No. 149149 October 23, 2003 - ERNESTO SYKI v. SALVADOR BEGASA

  • G.R. No. 149725 October 23, 2003 - OSCAR MAGNO v. PEOPLE OF THE PHIL.

  • G.R. Nos. 150493-95 October 23, 2003 - PEOPLE OF THE PHIL. v. CIRILO MACABATA

  • G.R. No. 150946 October 23, 2003 - MUNICIPAL BOARD OF CANVASSERS OF GLAN, ET AL. v. COMELEC, ET AL.

  • G.R. No. 152135 October 23, 2003 - PEOPLE OF THE PHIL. v. MARCOS GIALOLO, ET AL.

  • G.R. No. 152716 October 23, 2003 - ELNA MERCADO-FEHR v. BRUNO FEHR

  • G.R. Nos. 154796-97 October 23, 2003 - RAYMUNDO A. BAUTISTA v. COMELEC, ET AL.

  • G.R. No. 155692 October 23, 2003 - PHIVIDEC INDUSTRIAL AUTHORITY, ET AL. v. CAPITOL STEEL CORP., ET AL.

  • G.R. No. 155717 October 23, 2003 - ALBERTO JARAMILLA v. COMELEC, ET AL.

  • A.M. No. RTJ-00-1586 October 24, 2003 - THELMA C. BALDADO v. ARNULFO O. BUGTAS

  • G.R. No. 119775 October 24, 2003 - JOHN HAY PEOPLES ALTERNATIVE COALITION, ET AL. v. VICTOR LIM, ET AL.

  • G.R. No. 119847 October 24, 2003 - JENNY ZACARIAS v. NATIONAL POLICE COMMISSION, ET AL.

  • G.R. No. 137597 October 24, 2003 - PEOPLE OF THE PHIL. v. JASON S. NAVARRO, ET AL.

  • G.R. No. 141615 October 24, 2003 - MAC ADAMS METAL ENGINEERING WORKERS UNION-INDEPENDENT, ET AL. v. MAC ADAMS METAL ENGINEERING, ET AL.

  • G.R. No. 144439 October 24, 2003 - SOUTHEAST ASIA SHIPPING CORP. v. SEAGULL MARITIME CORP., ET AL.

  • G.R. No. 148120 October 24, 2003 - RODRIGO QUIRAO, ET AL. v. LYDIA QUIRAO, ET AL.

  • G.R. No. 148597 October 24, 2003 - GRACE F. MUNSAYAC-DE VILLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 152285 October 24, 2003 - PEOPLE OF THE PHIL. v. JOSE OBESO

  • G.R. Nos. 152589 and 152758 October 24, 2003 - PEOPLE OF THE PHIL. v. ANTONIO MENDOZA

  • G.R. No. 153828 October 24, 2003 - LINCOLN L. YAO v. NORMA C. PERELLO, ET AL.

  • G.R. No. 139181 October 27, 2003 - PEOPLE OF THE PHIL. v. JIMMY AQUINO

  • G.R. No. 143817 October 27, 2003 - PEOPLE OF THE PHIL. v. ALEJANDRO BAJAR

  • A.C. No. 5829 October 28, 2003 - DANIEL LEMOINE v. AMADEO E. BALON, JR.

  • A.M. No. P-02-1581 October 28, 2003 - MA. CORAZON M. ANDAL v. NICOLAS A. TONGA

  • G.R. No. 134563 October 28, 2003 - PEOPLE OF THE PHIL. v. FRANCISCO DALA

  • G.R. No. 138933 October 28, 2003 - PEOPLE OF THE PHIL. v. JERRYVIE D. GUMAYAO

  • G.R. No. 150540 October 28, 2003 - DIMALUB P. NAMIL, ET AL. v. COMELEC, ET AL

  • G.R. No. 155206 October 28, 2003 - GSIS v. EDUARDO M. SANTIAGO

  •  





     
     

    A.M. No. P-02-1548   October 1, 2003 - ROBERT E. VILLAROS v. RODOLFO ORPIANO

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. No. P-02-1548. October 1, 2003.]

    ROBERT E. VILLAROS, Complainant, v. RODOLFO ORPIANO, Court Stenographer III & Officer-in-Charge, Regional Trial Court, Branch 32, Guimba, Nueva Ecija, Respondent.

    R E S O L U T I O N


    PER CURIAM:


    In a Sworn Complaint-Affidavit 1 dated June 16, 2000, Rodolfo Orpiano, Court Stenographer III and Officer-in-Charge of the Regional Trial Court (RTC) of Guimba, Nueva Ecija, Branch 32, was charged by Robert E. Villaros with dishonesty, improper solicitation, conduct prejudicial to the best interest of the service and violation of Sec. 3(e) of RA No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.chanrob1es virtua1 1aw 1ibrary

    The complainant alleged that in September 1999, he had gone to RTC Branch 32 to inquire about the status of a case entitled Rosenda Esteban-Villaros v. Estrella Carambas-Esteban, docketed therein as Civil Case No. 1031-G. The plaintiff in the case, Mrs. Rosenda Esteban-Villaros, was his mother. During the said occasion, the respondent allegedly demanded from him the amount of P1,500 as payment for the delivery of the summons to the defendants of the case. According to the complainant, he refused to give in to the demand because all summons, except for one, had already been served. Instead, he told the respondent that he was willing to serve the remaining summons personally, so that he would not have to shell out the P1,500.

    The complainant further alleged that the respondent had assured him that the case would be set for hearing, once the court received all the answers of the defendants. Up to the filing of the instant Complaint, however, no hearing had been conducted.

    The complainant surmised that his mother’s case had not been set for hearing because of his refusal to give in to the demand of respondent who allegedly had a reputation for demanding money from litigants. The complainant further alleged that his brother Efren had likewise been victimized when the respondent demanded P3,500 to facilitate the proceedings in an adoption case.chanrob1es virtua1 1aw 1ibrary

    In an August 28, 2000 Letter-Comment 2 filed before the Office of the Court Administrator (OCA), the respondent denied the charges against him. He averred that the complainant’s mother had come to his office on September 7, 1999 to inquire about the status of her case. He told her that a vehicle had to be hired to serve the summons to one of the defendants who was living in Valenzuela City. He allegedly further told her that they could course the summons through the Clerk of Court of Valenzuela City to avoid unnecessary expenses. The summons was actually served thereafter as shown by the Return of Service submitted by the process server of that city.

    The respondent argued that instead of blaming him, the complainant should have filed the appropriate pleading calling for the setting of a hearing date. Denying that he had demanded money from anyone, the respondent averred that Mrs. Villaros had even come back to thank him for the non-publication of the alias summons after it was served through the RTC of Valenzuela City.

    The complainant reiterated the allegations in his Complaint in a letter 3 dated September 7, 2000. Allegedly, the respondent had been extorting money from litigants to support his mistress and an illegitimate child. Moreover, he supposedly asked for sexual favors from the complainant’s cousin-in-law inside the court premises when she came to his office to inquire about Mrs. Villaros’ case.

    Mrs. Villaros corroborated the allegations of her son in a letter 4 dated May 22, 2001. She claimed that the respondent had indeed attempted to collect P3,500 from her other son, Efren, in connection with a pending petition for adoption. According to her, she had already spent much time and money for Civil Case No. 1031-G since it was filed in 1999, but it had yet to be set for hearing.chanrob1es virtua1 1aw 1ibrary

    In a Resolution 5 dated January 28, 2002, the Court referred the Complaint to the Executive Judge of the RTC of Guimba, Nueva Ecija, for investigation, report and recommendation.

    Conformably, Executive Judge Napoleon R. Sta. Romana of the RTC of Guimba, Nueva Ecija, conducted an investigation and submitted to the OCA his Investigation, Report and Recommendation 6 dated May 10, 2002. He found no evidence proving that the respondent had actually received the P1,500 the latter had allegedly demanded from the complainant.

    However, there was ample proof that the respondent committed an indiscretion when he visited the complainant and his mother in their house to ask for money in connection with Civil Case No. 1031-G. The Investigating judge recommended that the penalty of one-month suspension without pay be imposed on the respondent for violating Section 3(b), not Section 3(e), of the Anti-Graft and Corrupt Practices Act, which reads as follows:jgc:chanrobles.com.ph

    "Section 3. Corrupt practices of public officers. — In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:chanrob1es virtual 1aw library

    x       x       x


    (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law."cralaw virtua1aw library

    As to the other charges and allegations against the respondent, the Investigating Judge held that they were all unfounded.chanrob1es virtua1 1aw 1ibrary

    The OCA, in its January 10, 2003 Memorandum, 7 agreed with the Investigating Judge and recommended the respondent’s suspension for one month.

    The Court finds the respondent administratively liable for improper solicitation and thus imposes the penalty prescribed by prevailing rules and jurisprudence, which is dismissal from service on the first offense.

    Time and time again, we have stressed that the behavior of all employees and officials involved in the administration of justice, from judges to the most junior clerks, is circumscribed with a heavy responsibility. Their conduct must be guided by strict propriety and decorum at all times in order to merit and maintain the public’s respect for and trust in the judiciary. 8 Needless to say, all court personnel must conduct themselves in a manner exemplifying integrity, honesty and uprightness. 9

    The respondent’s act of demanding money from the complainant hardly meets the foregoing standard. Improper solicitation from litigants is a grave offense 10 that carries an equally grave penalty.

    As noted by the Investigating Judge, the complainant himself testified that no money related to the service of summons had been received by the Respondent. 11 Moreover, during the investigation of the instant Complaint, when the complainant’s brother was asked what he knew of the P3,500 that had allegedly been demanded from his mother by respondent in connection with the petition for adoption, Efren readily admitted that that was the first time he heard that the respondent had made such demand. 12 Efren clarified that it was his brother, not he, who was interested in pursuing the instant case against the Respondent. 13

    On the charges of sexual harassment and immorality, the complainant failed to present any other evidence before the Investigating Judge.chanrob1es virtua1 1aw 1ibrary

    Nevertheless, the Investigating Judge found the testimonies of the complainant and Mrs. Villaros sufficient to establish the palpable fact that the respondent had committed improper solicitation in relation to the service of summons in Civil Case No. 1031-G. The combined testimonies of the two sufficiently proved that the respondent had gone to their house to ask for P1,500. 14 His conduct, which violated Section 3(b) of RA 3019, also amounted to dishonesty and improper solicitation.

    Respondent denies these allegations. However, his denial cannot overcome the positive assertion of the witnesses. Mere denial, if unsubstantiated by clear and convincing evidence, has no weight in law and cannot be given greater evidentiary value than the testimonies of witnesses who have testified in the affirmative. 15 That he did not actually receive the amount solicited is of no moment, because its receipt is not necessary in improper solicitation. It is sufficient that the respondent demanded money from them.

    Under Section 52(A)(11) of Rule IV of the Uniform Rules on Administrative Cases in the Civil Service, dismissal is the penalty for improper solicitation at the first offense. Section 58(a) of the same Rule provides that the penalty of dismissal shall carry with it the cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service, unless otherwise provided in the decision.chanrob1es virtua1 1aw 1ibrary

    In Angeles v. Gernale, Jr., 16 we found the respondent deputy sheriff guilty of grave misconduct and improper solicitation of money from a litigant, in violation of then Rule XIV of Sec. 23(k) of the Omnibus Civil Service Rules. He was dismissed from service with prejudice to reemployment in any branch of the government, including government-owned or controlled corporations.

    In Re: An Undated Letter with the Heading "Expose" of a Concerned Mediaman on the Alleged Illegal Acts of Judge Julian C . Ocampo III, 17 a Clerk of Court’s improper solicitation of an air-conditioner from a litigant was adjudged highly improper. Accordingly, the clerk of court was dismissed from service.

    Indeed, the respondent’s act of unduly soliciting money constitutes dishonesty, a grave offense punishable by dismissal at the first instance. 18 In Office of the Court Administrator v. Magno, 19 the Clerk of Court was found guilty of dishonesty for soliciting "grease money" in order to facilitate the implementation of a writ of execution. In her defense, she asserted that the amount was intended to cover the sheriff’s expenses for the implementation of a demolition order. She was dismissed from service. Said the Court:jgc:chanrobles.com.ph

    "We are convinced that the inculpatory acts committed by respondent Clerk of Court Magdalena Magno are so grave as to call for the most severe penalty. Dishonesty, being in the nature of a grave offense, carries the extreme penalty of dismissal from the service with forfeiture of retirement benefits except accrued leave credits, and perpetual disqualification for reemployment in the government service. This penalty is in accordance with Sections 52 and 58, Rule IV of the Civil Service Commission Memorandum Circular No. 19, Series of 1999 (Revised Uniform Rules On Administrative Cases In The Civil Service), . . . ." 20

    However, the accrued leave credits of the respondent shall not be forfeited, in accordance with the recent case of Fojas, Jr. v. Rollan 21 where, despite the imposition of the penalty of dismissal from government service, leave benefits were not forfeited. Furthermore, even when the penalty is dismissal, the forfeiture of leave credits is not imposed by the applicable rule found in Section 58 of the Uniform Rules on Administrative Cases in the Civil Service.chanrob1es virtua1 1aw 1ibrary

    WHEREFORE, this Court finds Rodolfo Orpiano, Court Stenographer III and Officer-in-Charge of the Regional Trial Court (RTC) of Nueva Ecija, Branch 32, GUILTY of improper solicitation; and imposes upon him the penalty of DISMISSAL from the service with cancellation of civil service eligibility, forfeiture of retirement benefits, and disqualification from reemployment in government service, including that in government-owned or controlled corporations.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Carpio Morales, Callejo, Sr., Azcuna and Tinga, JJ., concur.

    Corona, J., is on leave.

    Endnotes:



    1. Rollo, pp. 1–3.

    2. Id., pp. 5–6a.

    3. Id., pp. 10–11.

    4. Id., p. 18.

    5. Id., p. 28.

    6. Id., pp. 95–99.

    7. Id., pp. 120–124.

    8. Igoy v. Soriano, 367 SCRA 70 (2001); Angeles v. Gernale, Jr., 274 SCRA 10 (1997).

    9. Igoy v. Soriano, supra; citing Loyao, Jr. v. Armecin, 337 SCRA 47(2000).

    10. See Section 52(A)(11) of Rule IV of the Uniform Rules on Administrative Cases in the Civil Service adopted by the Civil Service Commission per Memorandum Circular No. 19, s. 1999.

    11. April 23, 2002 TSN, p. 5; rollo, p. 76.

    12. Id., p. 2; id., p. 73.

    13. Id., p. 4; id., p. 75.

    14. April 17, 2002 TSN, p. 5; rollo, p. 46.

    15. In Re: Derogatory News Items Charging CA Associate Justice Demetrio G. Demetria with Interference on Behalf of a Suspected Drug Queen, 372 SCRA 628 (2001).

    16. Supra at 8.

    17. 359 SCRA 1 (2001).

    18. See Section 52(A)(1) of the Uniform Rules on Administrative Cases in the Civil Service adopted by the Civil Service Commission per Memorandum Circular No. 19, s. 1999.

    19. 367 SCRA 312 (2001).

    20. Id., p. 319.

    21. A.M. No. P-00-1384 (2002).

    A.M. No. P-02-1548   October 1, 2003 - ROBERT E. VILLAROS v. RODOLFO ORPIANO


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