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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
 

   
April-2008 Jurisprudence                 

  • A.C. No. 6567 - JOSE C. SABERON v. ATTY. FERNANDO T. LARONG

  • A.M. No. 00-10-496-RTC and A.M. NO. RTJ-02-1681 - GLORIA ESPIRITU v. JUDGE ERLINDA PESTANO-BUTED, ETC.

  • A.M. No. 2007-13-SC - RE: HABITUAL ABSENTEEISM OF MR. ERWIN A. ABDON, Utility Worker II

  • A.M. No. 08-1-30-MCTC - RE: FINANCIAL REPORT ON THE AUDIT CONDUCTED IN THE MUNICIPAL CIRCUIT TRIAL COURT, APALIT - SAN SIMON, PAMPANGA

  • A.M. No. 2007-13-SC - RE: HABITUAL ABSENTEEISM OF MR. ERWIN A. ABDON, Utility Worker II

  • A.M. No. 12535-Ret - RE: APPLICATION FOR RETIREMENT/GRATUITY BENEFITS UNDER R.A. NO. 910 AS AMENDED BY R.A. NO. 5095 AND P.D. NO. 1438 FILED BY MRS. CECILIA BUTACAN, SURVIVING SPOUSE OF THE LATE HON. JIMMY R. BUTACAN (FORMER JUDGE, MUNICIPAL TRIAL COURT I

  • A.M. No. MTJ-08-1695 Formerly OCA IPI 03-1380-MTJ - JULIANITO M. SALVADOR v. JUDGE MANUEL Q. LIMSIACO, JR., ET AL.

  • A.M. No. MTJ-08-1702 - EDWIN LACANILAO v. JUDGE MAXWELL S. ROSETE, ET AL.

  • A.M. No. P-04-1765 - JUDGE FELIPE G. BANZON v. RUBY B. HECHANOVA

  • A.M. No. P-04-1914 - GLANIE FLORES, ET AL. v. MYRNA S. LOFRANCO, ETC.

  • A.M. No. P-05-2054 - MILA L. DACDAC v. VICTOR C. RAMOS, ETC.

  • A.M. No. P-06-2142 Formerly OCA I.P.I. No. 05-2294-P - BRANCH CLERK OF COURT MARIZEN B. GRUTAS v. REYNALDO B. MADOLARIA

  • Adm. Matter No. P-06-2214 - GEMMA LETICIA F. TABLATE v. JORGE C. RA ESES

  • A.M. No. P-08-2431 Formerly OCA IPI No. 03-1682-P - EDITHA P. ELAPE v. ALBERTO R. ELAPE, ETC.

  • A.M. No. P-08-2447 Formerly A.M. OCA I.P.I. No. 06-2447-P - ELVISA ROSALES v. DOMINADOR MONESIT, SR.

  • A.M. No. P-08-2455 Formerly OCA I.P.I. No. 05-2175-P, A.M. NO. P-08-2456 Formerly OCA I.P.I. No. 05-2228-P and A.M. NO. RTJ-08-2113 Formerly OCA I.P.I. No. 06-2449-RTJ - JUDGE FATIMA GONZALES-ASDALA v. VICTOR PEDRO A. YANEZA

  • A.M. RTJ-07-2039 Formerly A.M. No. 05-1-37, A.M. OCA IPI No. 04-2055-RTJ and A.M. NO. 05-2177-RTJ - RTC - RE: JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT (RTC), BRANCH 14, DAVAO CITY, PRESIDED OVER BY JUDGE WILLIAM M. LAYAGUE

  • A.M. No. RTJ-08-2109 Formerly A.M. OCA IPI No. 06-2463-RTJ and Formerly A.M. OCA I.P.I. No. 06-1-45-RTC - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE MOISES M. PARDO, ET AL.

  • G.R. No. 105608 and G.R. NO. 113199 - TIRSO D. MONTEROSO v. COURT OF APPEALS, ET AL.

  • G.R. No. 127545 - ANDRES SANCHEZ, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 136225 - THE PRESIDENTIAL AD-HOC FACT-FINDING COMMITTEE ON BEHEST LOANS (FFCBL) v. HON. OMBUDSMAN ANIANO A. DESIERTO, ET AL.

  • G.R. No. 140944 - RAFAEL ARSENIO S. DIZON ETC. v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. 146053 - DIOSCORO F. BACSIN v. EDUARDO O. WAHIMAN

  • G.R. No. 148187 - PHILEX MINING CORPORATION v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 150283 - RYUICHI YAMAMOTO v. NISHINO LEATHER INDUSTRIES, INC., ET AL.

  • G.R. No. 151243 - LOLITA R. ALAMAYRI v. ROMMEL, ELMER, ERWIN, ROILER AND AMANDA, ALL SURNAMED PABALE

  • G.R. No. 151790 - SPS. ABNER AND ESTRELLA ANCHINGES v. SPS. FERMIN AND LORNA ALBARILLO, ET AL.

  • G.R. No. 152457 - RODOLFO R. MAHINAY v. COURT OF APPEALS, ET AL.

  • G.R. No. 152666 - MARCIANO TAN v. PHILIPPINE COMMERCIAL INTERNATIONAL BANK

  • G.R. No. 153420 - PARAISO INTERNATIONAL PROPERTIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 154740 - HENRY DELA RAMA CO. v. ADMIRAL UNITED SAVINGS BANK

  • G.R. No. 155806 - TIBLE & TIBLE COMPANY, INC., ET AL. v. ROYAL SAVINGS AND LOAN ASSOCIATION, ET AL.

  • G.R. No. 156421 - HON. JOSE FERNADEZ, ET AL. v. SPS. GREGORIO ESPINOZA and JOJI GADOR-ESPINOZA

  • G.R. No. 156470 - FREDERICK DAEL v. SPS. BENEDICTO & VILMA BELTRAN

  • G.R. No. 158026 - DORIE ABESA NICOLAS v. DEL-NACIA CORPORATION

  • G.R. No. 158040 - SPOUSES ONESIFORO and ROSARIO ALINAS v. SPOUSES VICTOR and ELENA ALINAS

  • G.R. No. 158271 - CHINA BANKING CORPORATION v. ASIAN CONSTRUCTION and DEVELOPMENT CORPORATION

  • G.R. No. 158788 - ELY AGUSTIN v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 158881 - PETRON CORPORATION v. MAYOR TOBIAS M. TIANGCO, ET AL.

  • G.R. No. 158965 - NESTORIO W. LAYA, ET AL. v. SPOUSES EDWIN and LOURDES TRIVIÑO

  • G.R. No. 159585 and G.R. NO. 165318 - AMANDO A. PONTAOE, ET AL. v. TEODORA A. PONTAOE, ET AL.

  • G.R. No. 159731 - EASTERN ASSURANCE and SURETY CORPORATION v. CON-FIELD CONSTRUCTION and DEVELOPMENT CORPORATION

  • G.R. No. 160113 - CHINA BANKING CORP. v. TAFA INDUSTIRES INC., ET AL.

  • G.R. No. 160671 - LUIS L. CO v. HON. RICARDO R. ROSARIO, ET AL.

  • G.R. No. 160811 - RICKY BASTIAN v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 160855 - CONCEPCION CHUA GAW v. SUY BEN CHUA, ET AL.

  • G.R. No. 161004 - TECNOGAS PHILIPPINES MANUFACTURING CORPORATION v. PHILIPPINE NATIONAL BANK

  • G.R. No. 161070 - JOHN HILARIO y SIBAL v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 161390 - RAUL H. SESBRE O v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 161933 - STANDARD CHARTERED BANK EMPLOYEES UNION (SCBEU-NUBE) v. STANDARD CHARTERED BANK and ANNEMARIE DURBIN, ET AL.

  • G.R. No. 162195 - BAHIA SHIPPING SERVICES, INC. v. REYNALDO CHUA

  • G.R. No. 162356 - DONG SEUNG INCORPORATED v. BUREAU OF LABOR RELATIONS, ET AL.

  • G.R. No. 162420 - JAGUAR SECURITY and INVESTIGATION AGENCY v. RODOLFO A. SALES, ET AL.

  • G.R. No. 162808 - FELICIANO GALVANTE v. HON. ORLANDO C. CASIMIRO, ET AL.

  • G.R. No. 162956 - FAUSTINO REYES, ET AL. v. PETER B. ENRIQUEZ, ET AL.

  • G.R. No. 163013 - EUREKA PERSONNEL AND MANAGEMENT SERVICES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 163684 - FAUSTINA CAMITAN, ET AL. v. FIDELITY INVESTMENT CORPORATION

  • G.R. No. 164081 - MITSUBISHI MOTORS PHILS. CORPORATION v. ROLANDO SIMON, ET AL.

  • G.R. No. 164150 - THE GOVERNMENT OF THE KINGDOM OF BELGIUM v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 164195 - APO FRUITS CORP, ET AL. v. THE HON. COURT OF APPEALS, ET AL.

  • G.R. No. 164298 - ENGR. ROGER F. BORJA v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 164805 - SOLIDBANK CORP., ETC. v. GATEWAY ELECTRONICS CORP., ET AL.

  • G.R. No. 164824 - ROLANDO V. AROMIN v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 164909 - RONNIE AMBAIT Y SAURA v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 165284 - MP ACEBEDO OPTICAL SHOPS/ACEBEDO OPTICAL CO., INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 165696 - ALEJANDRO B. TY v. SYLVIA S. TY, ETC.

  • G.R. No. 165776 - GENEVIEVE O. GAAS, ET AL. v. RASOL L. MITMUG, ETC.

  • G.R. No. 165968 - PEPSI COLA PRODUCTS PHILIPPINES, INC., ET AL. v. EMMANUEL V. SANTOS

  • G.R. No. 166051 - SOLID HOMES, INC. v. EVELINA LASERNA, ET AL.

  • G.R. No. 166245 - ETERNAL GARDENS MEMORIAL PARK CORPORATION v. THE PHILIPPINE AMERICAN LIFE INSURANCE COMPANY

  • G.R. No. 166246 - ANTONIO NEPOMUCENO v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 166658 - EUSTAQUIO B. CESA v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 166703 - AMA COMPUTER COLLEGE, INC. v. ELY GARCIA, ET AL.

  • G.R. No. 166809 - ATTY. ROMEO L. ERECE v. LYN B. MACALINGAY, ET AL.

  • G.R. No. 167011 - SPS. CARLOS AND ERLINDA ROMUALDEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. NO. 167011 - G.R. NO. 167011 - CARPIO - DISSENTING OPINION

  • G.R. NO. 167011 - G.R. NO. 167011 - TINGA - DISSENTING OPINION

  • G.R. No. 167280 - METROPOLITAN BANK AND TRUST COMPANY v. SPS. ELMOR V. BANCE AND ROSARIO J. BANCE

  • G.R. No. 167756 - THE PEOPLE OF THE PHILIPPINES v. JERRY NAZARENO

  • G.R. No. 168116 - BELLE CORPORATION v. ARTURO N. MACASUSI

  • G.R. No. 168862 - GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) v. EMMANUEL P. CUNTAPAY

  • G.R No. 168999 - RAUL DAZA v. RONAN P. LUGO

  • G.R. No. 169370 - EUSTACIO ATWEL, ET AL. v. CONCEPCION PROGRESSIVE ASSOCIATION, INC.

  • G.R. NOS. 169408 & 170144 - HANJIN HEAVY INDUSTRIES & CONSTRUCTION CO. LTD v. DYNAMIC PLANNERS AND CONSTRUCTION CORP.

  • G.R. No. 169790 - CONGREGATION OF THE RELIGIOUS OF THE VIRGIN MARY, ETC. v. EMILIO OROLA, ET AL.

  • G.R. NOS. 169829-30 - STEEL CORPORATION OF THE PHILIPPINES v. SCP EMPLOYEES UNION-NATIONAL FEDERATION OF LABOR UNIONS

  • G.R. No. 169914 and G.R. No. 174166 - ASIA'S EMERGING DRAGON CORPORATION v. DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, ET AL.

  • G.R. No. 169914/G.R. No. 174166 - G.R. No. 169914/G.R. No. 174166 - J. CORONA - DISSENTING OPINION

  • G.R. No. 170112 - DEL PILAR ACADEMY, ET AL. v. DEL PILAR ACADEMY EMPLOYEES UNION

  • G.R. No. 170141 - JAPAN AIRLINES v. JESUS SIMANGAN

  • G.R. No. 170243 - NANCY H. ZAYCO, ET AL. v. ATTY. JESUS V. HINLO, JR.

  • G.R. No. 170691 - REBECCA E. BADIOLA v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 170813 - B.F. METAL (CORPORATION) v. SPS. ROLANDO M. LOMOTAN and LINAFLOR LOMOTAN, ET AL.

  • G.R. No. 171374 - TEOFILA ILAGAN-MENDOZA, ET AL. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 171500 - FERNANDO C. PARMA JR. v. THE OFFICE FO THE DEPUTY OMBUDSMAN FOR LUZON, ET AL.

  • G.R. No. 172038 - DANTE D. DE LA CRUZ v. MAERSK FILIPINAS CREWING, INC., ET AL.

  • G.R. No. 172299 - ALFREDO TAGLE v. EQUITABLE PCI BANK, ETC., ET AL.

  • G.R. No. 172410 - REPUBLIC OF THE PHILIPPINES v. HOLY TRINITY REALTY DEVELOPMENT CORP.

  • G.R. No. 172470 - PEOPLE OF THE PHILIPPINES v. SAMMY RAMOS Y DALERE

  • G.R. No. 172595 - BIENVENIDO EJERCITO, ET AL. v. M.R. VARGAS CONSTRUCTION, ET AL.

  • G.R. No. 172890 - S.L. TEVES, INC., ETC., ET AL. v. CASIANO ERAN

  • G.R. No. 172953 - JUNIE MALILLIN Y. LOPEZ v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 173192 - ROSENDO BACALSO, ET AL. v. MAXIMO PADIGOS, ET AL.

  • G.R. No. 173918 - REPUBLIC OF THE PHILIPPINES v. PILIPINAS SHELL PETROLEUM CORPORATION

  • G.R. No. 174011 - AIR TRANSPORTATION OFFICE, ET AL. v. ANGELUS TONGOY ET AL.

  • G.R. No. 174672 - MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY v. HEIRS OF MARCELINA L. SERO, ETC., ET AL.

  • G.R. No. 174826 - OFFICE OF THE OMBUDSMAN v. ENGR. ALFONSO P. ESPIRITU

  • G.R. No. 174935 - CIVIL SERVICE COMMISSION v. TRISTAN C. COLANGGO

  • G.R. No. 175005 - THE ESTATE OF POSEDIO ORTEGA v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 175201 - HONORABLE OMBUDSMAN SIMEON V. MARCELO, ET AL. v. LEOPOLDO F. BUNGUBUNG, ET AL.

  • G.R. No. 175338 - AIR MATERIEL WING SAVINGS AND LOAN ASSOCIATION, INC., ETC., ET AL. v. COL. LUVIN S. PANAY, ET AL.

  • G.R. No. 175338 - G.R. No. 175338 - J. NACHURA - DISSENTING OPINION

  • G.R. No. 175371 - BENITO J. BRIZUELA v. ABRAHAM DINGLE, ET AL.

  • G.R. No. 175460 - METRO TRANSIT ORGANIZATION INC., ET AL. v. PIGLAS NFWD-KMO, ET AL.

  • G.R. No. 175600 - PEOPLE OF THE PHILIPPINES v. LEONEL PASAOL PALAC

  • G.R. No. 175604 - THE PEOPLE OF THE PHILIPPINES v. SALVADOR PE AFLORIDA, JR.

  • G.R. No. 175952 - SOCIAL SECURITY SYSTEM v. ATLANTIC GULF AND PACIFIC COMPANY OF MANILA, INC., ET AL.

  • G.R. No. 176065 - PEOPLE OF THE PHILIPPINES v. RAMON ARIVAN y FORNILLO

  • G.R. No. 176084 - CARMENCITA G. CARINO v. MERLIN DE CASTRO

  • G.R. No. 176265 - THE PEOPLE OF THE PHILIPPINES v. JOSE MAGBANUA Y MORI O

  • G.R. No. 176324 - ABAYA INVESTMENTS CORPORATION v. MERIT PHILIPPINES, ET AL.

  • G.R. No. 177666 - EUGENIO R. AVENIDO v. CIVIL SERVICE COMMISSION

  • G.R. No. 178546 - PEOPLE OF THE PHILIPPINES v. MUKIM ELING y MA ALAC

  • G.R. No. 179035 - THE PEOPLE OF THE PHILIPPINES v. JESUS PAYCANA, JR.

  • G.R. No. 179261 - THE OMBUDSMAN, ET AL. v. BEATRIZ S. PELINO

  • G.R. No. 179337 - JOSEPH SALUDAGA v. FAR EASTERN UNIVERSITY, ET AL.

  • G.R. No. 179499 - PEOPLE OF THE PHILIPPINES v. TORIBIO JABINIAO, JR., ET AL.

  • G.R. No. 179851 - MAYOR JOSE UGDORACION, JR. v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 179901 - BANCO DE ORO-EPCI, INC., ETC. v. JAPRL DEVELOPMENT CORPORATION, ET AL.

  • G.R. No. 179940 - PEOPLE OF THE PHILIPPINES v. NORBERTO DEL MONTE y GAPAY

  • G.R. No. 180444 - FEDERICO T. MONTEBON, ET AL. v. COMMISSION ON ELECTION, ET AL.

  •  





     
     

    A.M. No. P-08-2447 Formerly A.M. OCA I.P.I. No. 06-2447-P - ELVISA ROSALES v. DOMINADOR MONESIT, SR.

      A.M. No. P-08-2447 Formerly A.M. OCA I.P.I. No. 06-2447-P - ELVISA ROSALES v. DOMINADOR MONESIT, SR.

    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.M. NO. P-08-2447 : April 10, 2008]
    [Formerly A.M. OCA I.P.I. No. 06-2447-P]

    ELVISA ROSALES, Complainant, v. DOMINADOR MONESIT, SR., Court Interpreter, Municipal Trial Court, Tandag, Surigao del Sur, Respondent.

    R E S O L U T I O N

    CARPIO MORALES, J.:

    By a sworn Afffidavit-Complaint dated June 2, 2006,1 Elvisa Rosales (complainant) charged Dominador Monesit, Sr. (respondent), Court Interpreter of the Municipal Trial Court of Tandag, Surigao del Sur, with oppression, deceit, misconduct and violation of Republic Act (RA) No. 6713,2 RA No. 92623 and Article 19, Civil Code.4

    The Executive Judge of the Regional Trial Court, Tandag, Surigao del Sur to whom the complaint was referred for investigation, report and recommendation after respondent had filed his Comment, gave the following account reflecting the facts that gave rise to the filing of the complaint:

    Sometime in the early part of March, 2005, respondent's wife, a Tupperware dealer sold to Complainant two (2) items for P2,358.00 on installment basis. Because Complainant found difficulty paying the items in cash, respondent's wife accepted the former's two (2) pigs as full payment thereof.

    In the same month, Complainant sold to respondent's wife the former's motorcycle sidecar for P20,000.00, also on installment basis. The agreement was verbal. The sidecar used to be attached to the motorcycle of Complainant's live-in partner, Mario Clavero. She happened to own the [s]idecar as part of the amicable settlement of the Physical Injury Case she lodged before the Office of the Chief of Police of Tandag, Surigao del Sur, against her live-in partner (Exhibits "2" and "2-A").

    Respondent's wife made a downpayment of P4,000.00 (Exhibit "3") and paid subsequent instal[l]ments in the total amount of only P5,200.00 (Exhibits "3-A", "3-B" and "3-C"). Because of respondent's wife's failure to pay the balance of the purchase price of the Sidecar, differences between her and respondent, on one hand, and Complainant and her live-in partner, on the other hand, ensued. The latter demanded full payment of the balance of the price in the amount of P10,200.00. In turn, the former stopped further payment.5

    The Executive Judge noted that complainant did not present evidence. Respondent presented, however, complainant's AFFIDAVIT OF DESISTANCE, subscribed and sworn to before her counsel, Atty. Limuel L. Auza.

    The Executive Judge went on to note as follows:

    Apparently, Atty. Auza was able to arrange an out-of-court meeting between Complainant and Respondent and the latter's wife, during which, Respondent agreed to pay Complainant the amount of P25[,]000.00 as full settlement of the Sidecar account of Respondent and his wife (Exhibit "1"). By and large, therefore, the allegations of the Complain[an]t, except those admitted, expressly or impliedly, by Respondent, are not deemed proved.

    However, the following are either expressly or impliedly admitted by the Respondent:

    1. There was, indeed, a transaction by and between Complainant and Respondent's wife involving the sale by the former to the latter of a Motorcycle Sidecar for P20[,]000.00, payable [i]n instal[l]ments. There was no written contract.

    2. Of the P20[,]000.00 consideration of the sale, only P9[,]200.00 was paid, leaving a balance of P10[,]800.00.

    3. When conflict ensued due to the non-payment of the balance of the purchase price, both Respondent and Complainant's live-in partner, who reconciled with the former, intervened and thenceforth decided the respective courses of action to take in the conflict.

    4. Respondent stopped payment, claiming that Complainant's live-in partner demanded not only the immediate full payment of the balance of the purchase price but also P75.00 per day multiplied by the number of days delay in the payment.

    The Undersigned believes that it was improper (not necessarily misconduct, which signifies "intentional wrong doing") for Respondent to intervene in the above transaction and take the cudgel, so to speak, for his wife, creating, in the process, the impression that he was emboldened to act in the manner that he did because of his exalted position in the Municipal Trial Court of Tandag. Indeed, it is not entirely remote that, as alleged by the Complainant in her AFFIDAVIT-COMPLAINT, at one time or another Respondent bragged about his connection with the Court, thus impress[ing] upon the Complainant that he wielded authority and influence that could prejudice the Complainant in her pending Grave Threat Case.

    Likewise, it was improper for Respondent to stop payment of the balanceof the purchase price of the Sidecar, just because Complain[ant's] live-in partner charged the penalty of P75.00 per day of delay in the payment. He could have paid the balance of the purchase price as a manifestation of fairness in the deal. Indeed, he was in a position to pay as he did ultimately pay the penalty charges, but only after he was apparently persuaded by Complainant's counsel, as shown in the Affidavit of Desistance of the Complainant, which he submitted as his own evidence before the undersigned Investigator (Exhibit "1").

    Respondent's non-payment of just obligation, which is submitted to be wil[l]ful, is considered a light offense under the Uniform Rules on Administrative Cases in the Civil Service. The corresponding penalty for the first offense is reprimand, for the second, suspension for one (1) to thirty (30) days, and for the third, dismissal.6 (Emphasis and underscoring supplied)cralawlibrary

    The Executive Judge thus recommended that respondent be reprimanded for willful failure to pay just debt, and warned against involving himself, directly or indirectly, in transactions, wherein he could be perceived to have used or taken advantage of his position as court personnel.7

    By Resolution of August 29, 2007,8 this Court required the parties to manifest whether they were willing to submit the case for resolution on the basis of the pleadings already filed and submitted. Only respondent complied.9

    The Court finds the OCA recommendation well-taken.

    This Court's jurisdiction to proceed with an administrative case despite the desistance of the complainant is settled. In Vilar v. Angeles, 10 the Court stressed:

    . . . [T]he withdrawal of the complaint or the desistance of a complainant does not warrant the dismissal of an administrative complaint. This Court has an interest in the conduct and behavior of all officials and employees of the judiciary and in ensuring at all times the proper delivery of justice to the people. No affidavit of desistance can divest this Court of its jurisdiction under Section 6, Article VII[I] of the Constitution to investigate and decide complaints against erring employees of the judiciary. The issue in an administrative case is not whether the complain[ant] has a cause of action against the respondent, but whether the employees have breached the norms and standards of the courts.11 (Underscoring supplied)cralawlibrary

    That respondent settled his obligation with complainant during the pendency of the present complaint does not exculpate him from administrative liability.12 Willful failure to pay just debt amounts to conduct unbecoming a court employee.13

    Under the Uniform Rules on Administrative Cases in the Civil Service,14 willful failure to pay just debt is classified as a light offense, punishable by reprimand for the first infraction, suspension for 1 to 30 days for the second, and dismissal for the third offense.15

    This appears to be respondent's first infraction.

    WHEREFORE, Respondent Dominador Monesit, Sr., Court Interpreter, Municipal Trial Court of Tandag, Surigao del Sur is, for willful failure to pay a just debt, REPRIMANDED. He is further WARNED to be more circumspect and to avoid acts, official or otherwise, which may be perceived by the public to be taking advantage of his position as an employee of the Judiciary.

    SO ORDERED.

    Quisumbing, J., Chairperson, , Tinga, Velasco, Jr., Brion, JJ., concur.


    Endnotes:


    1 Rollo, pp. 5-13.

    2 An Act Establishing Code of Conduct and Ethical Standards for Public Officials and Employees, to Uphold the Time-Honored Principle of Public Office being a Public Trust, Granting Incentives and Rewards for Exemplary Service enumerating prohibited acts and transactions and providing penalties for violations thereof and for other purposes.

    3 An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties therefore and for other purposes.

    4 Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

    5 Rollo, pp. 56-57.

    6 Id. at 57-58.

    7 Id. at 58.

    8 Id. at 131.

    9 Id. at 132.

    10 A.M. No. P-06-2276, February 5, 2007, 514 SCRA 147.

    11 Id. at 156.

    12 Reliways, Inc. v. Rosales, A.M. No. P-07-2326, July 9, 2007, 527 SCRA 39, 43; Orasa v. Seva, A.M. No. P-03-1669, October 5, 2005, 472 SCRA 75, 85.

    13 Hanrieder v. De Rivera, A.M. No. P-05-2026, August 2, 2007, 529 SCRA 46, 54.

    14 Resolution No. 991936 of the Civil Service Commission dated August 31, 1999.

    15 Section 52 (c) (10).

    A.M. No. P-08-2447 Formerly A.M. OCA I.P.I. No. 06-2447-P - ELVISA ROSALES v. DOMINADOR MONESIT, SR.


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