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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
 

   
July-2009 Jurisprudence                 

  • A.C. No. 6121 - TRINIDAD H. CAMARA, ET AL. v. ATTY. OSCAR AMONDY REYES

  • A.C. No. 7199 Formerly CBD 04-1386 - Foodsphere, Inc. v. Atty. Melanio L. Mauricio, Jr.

  • A.C. No. 7815 - Dolores C. Belleza v. Atty. Alan S. Macasa

  • A.C. No. 8243 - Rolando B. Pacana, Jr. v. Atty. Maricel Pascual-Lopez

  • A.C. No. 8252 - Natividad Uy v. Atty. Braulio RG Tansisin

  • A.M. No. 02-8-207-MTCC - Re: Report on the Judicial Audit Conducted in the Municipal Trial Court in Cities, Branch 2, Cagayan De Oro City

  • A.M. No. 03-7-170-MCTC - Re: Report on the Judicial Audit in Municipal Circuit Trial Court, Jiminez-Sinacaban, Misamis Occidental/ Judge Pricilla Hernandez

  • A.M. No. 08-3-73-MeTC - Re: Report on the Judicial Audit Conducted at the Metropolitan Trial Court, Branch 55, Malabon City

  • A.M. No. 08-4-4-SC - Re: Request of the Police Director General Avelino I. Razon for authority to delegate the endorsement of application for search warrant

  • A.M. No. 2008-24-SC - Re: Fighting incident between two(2) SC shutle bus drivers, namely, Messrs. Edilbert L. Idulsa and Ross C. Romero

  • A.M. No. MTJ-06-1651 - Prosecutor Robert M. Visbal v. Judge Wenceslao B. Vanilla, MTCC, Br. 2, Tacloban City

  • A.M. No. MTJ-08-1709 Formerly A.M. OCA IPI No. 02-1225-MTJ - Lanie Cervantes v. Judge Heriberto M. Pangilinan, and Clerk of Court III Carmencita P. Baloco, etc.

  • A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila

  • A.M. No. P-06-2212 - Geronimo Francisco v. Sebastian Bolivar, etc.

  • A.M. No. P-06-2217 Formerly OCA IPI No. 06-2375-P - Concerned Employees of the Municipal Trial Court of Meycauayan, Bulacan v. Larizza Paguio-Bacani, Branch COC II, MTC, Meycauayan, Bulacan

  • A.M. No. P-06-2219 Formerly A.M. No. 06-7-392-RTC - Office of the Court Administrator v. Officer-in-charge and Legal Researcher Nilda Cinco, RTC, Br. 28, Catbalogan, Samar

  • A.M. No. P-06-2245 Formerly OCA IPI NO. 06-2373-P and A.M. NO. MTJ-09-1741 Formerly OCA IPI No. 06-1853-MTJ : July 31, 2009 - Judge Jaime L. Dojillo, Jr. v. Concepcion Z. Ching, etc.

  • A.M. No. P-08-2578 Formerly OCA I.P.I. No. 08-2924-P - Gaspar R. Dutosme v. Atty. Rey D. Caayona

  • A.M. No. P-09-2644 Formerly OCA IPI No. 08-2787-P - Edgardo A. Quilo v. Rogelio G. Jundarino, Sheriff III, Metropolitan Trail Court, Branch 19, Manila

  • A.M. No. P-08-2132 Formerly A.M. OCA IPI No. 07-2549-RTJ - Atty. Florencio Alay Binalay v. Judge Elias O. Lelina, Jr.

  • A.M. No. RTJ-08-2158 Formerly OCA IPI No. 04-2018-RTJ - Alfredo Favor v. Judge Cesar O. Untalan, RTC, Branch 149, Makati City

  • A.M. No. RTJ-09-2175 - Venancio Inonog v. Judge Francisco B. Ibay, Presiding Judge, Regional Trial Court, Branch 135, Makati City

  • A.M. No. RTJ-09-2183 Formerly A.M. OCA IPI No. 05-2346-RTJ - Concerned Lawyers of Bulacan v. Presiding Judge Pornillos, RTC Br. 10, Malolos City.

  • A.M. No. RTJ-09-2186 Formerly A.M. OCA-IPI No. 03-1893-RTJ and A.M. No. RTJ-09-2187 Formerly A.M. OCA IPI No. 04-1993-RTJ - Atty. Nelson T. Antolin, et al. v. Judge Alex L. Quiroz, et al.

  • G.R. No. 141888 - Melba Rose R. Sasot v. Amado Yuson, et al.

  • G.R. No. 147957 - Privatization Management Office v. Legaspi Towers 300, Inc.

  • G.R. No. 148600 - Atty. Emmanuel Pontejos v. Hon. Aniano Desierto and Restituto Aquino

  • G.R. No. 149763 - Eduardo J. Mari o, Jr. et al. v. Gil Y. Gamilla, et al.

  • G.R. No. 150228 - Bank of America NT & SA v. Philippine Racing Club

  • G.R. No. 151424 - Eagle Realty Corporation v. Republic of the Philippines, etc., et al.

  • G.R. No. 151973 - National Power Corporation v. Sps. Lorenzo L. Laohoo, et al.

  • G.R. No. 152263 - Arthur Zarate v. Regional Trial Court, Br. Gingoog City, Misamis Oriental

  • G.R. No. 152496 - Sps. German Anunciacion, et al. v. Perpetua M. Bocanegra, et al.

  • G.R. No. 155491 - Smart Communications, Inc., v. The City of Davao, represented by its Mayor Hon. Rodrigo Duterte and the Sangguniang Panlunsod of Davao City

  • G.R. No. 156946 - Secretary of Finance v. Oro Maura Shipping Lines

  • G.R. No. 157607 - Land Bank of the Philippines v. Rowena O. Paden

  • G.R. No. 159131 - Heirs of Toribio Waga, represented by Merba A. Waga v. Isabelo Sacabin

  • G.R. No. 159358 - Eureka Personnel and Management Corp., and Nari K. Gidwani v. The Hon. National Labor Relations Commission, et al.

  • G.R. No. 159624 - Cebu Mactan Members Center, Inc. v. Masahiro Tsukahara

  • G.R. NOS. 160243-52 - Romeo D. Lonzanida v. People of the Philippines

  • G.R. No. 160265 - Nely T. Co. v. People of the Philippines, et al.

  • G.R. No. 160380 - Sps. Eduardo & Leticia Monta o v. Rosalina Francisco, et al

  • G.R. No. 160772 - Hilario P. Soriano v. Ombudsman Simeon V. Marcelo, et al.

  • G.R. No. 161051 - Compania General de Tabacos De Filipinas and La Flor De La Isabela, inc. v. Hon. Virgilio A. Sevandal, et al.

  • G.R. No. 161062 - Republic of the Philippines v. Ferventino U, Tango

  • G.R. No. 161238 - Heirs of Jose G. Santiago, namely: Julia G. Santiago, et al. v. Aurea G. Santiago, et al.

  • G.R. No. 161748 - Spouses Francisco and Betty Wong and Spouses Joaquin and Lolita Wong v. City of Iloilo, et al.

  • G.R. No. 162074 - Cecilleville Realty and Service Corporation v. Spouses Tito Acu a, et al.

  • G.R. No. 162540 - Gemma T. Jacinto v. People of the Philippines

  • G.R. No. 162721 - Petronila Maylem v. Carmelita Ellano and Antonia Morciento

  • G.R. No. 162738 - Sps. Elizabeth S. Tagle Ernesto R. Tagle v. Hon. Court of Appeals, RTC, Quezon City, Branch 97, Sps. Federico and Rosamyrna Carandang and Shriff Carol Bulacan

  • G.R. No. 162836 - Cerefina Argallon-Jocson and Rodolfo Tuising v. Maria Cristina Fertilizer Corporation and/or Marcelo Steel Corporation

  • G.R. No. 164244 - National Housing Authority v. Reynaldo Magat

  • G.R. No. 164315 - Alcatel Philippines, Inc. v. Rene R. Relos

  • G.R. No. 164560 - Ana De Guia San Pedro, et al. v. Hon. Fatima G. Asdala (etc.), et al.

  • G.R. No. 164800 - Republic of the Philippines v. Estate of Alfonso Lim, Sr., et al.

  • G.R. No. 164817 - Digna A. Najera v. Eduardo J. Najera

  • G.R. No. 164968 - Gloria Ocampo, et al. v. Land Bank of the Philippines, et al.

  • G.R. No. 165448 - Ernesto Aquino v. People of the Philippines

  • G.R. No. 165568 - Government Service Insurance System v. Abraham Lopez

  • G.R. No. 165678 - Rosario Panuncio v. People of the Philippines

  • G.R. No. 165907 - Spouses Dominador R. Narvaez and Lilia W. Narvaez v. Spouses Rose Ogas Alciso and Antonio Alciso

  • G.R. No. 166198 - Marcelino A. Magdadaro v. Philippine National Bank

  • G.R. No. 166553 - Republic of the Philippines, represented by the National Power Corporation v. Sps. Ruperto and Sonia S. Libuano, et al.

  • G.R. No. 166640 - Herminio Mariano, Jr. v. Ildefonso C. Callejas and Edgar De Borja

  • G.R. No. 166705 - Mantle Trading Services, Incorporated and/or Bobby Del Rosario v. National Labor Relations Commission and Pablo S. Madriaga

  • G.R. No. 166734 - Mandy Commodities Co., Inc. v. The International Commercial Bank of China

  • G.R. No. 166988 - Heirs of Emiliano San Pedro, etc. v. Pablito Garcia and Jose Calderon

  • G.R. No. 167232 - D.B.T. Mar-Bay Construction Incorporated v. Ricaredo Panes, et al.

  • G.R. No. 167546 - Sonny Romero y Dominguez v. People of the Philippines

  • G.R. No. 167809 - Land Bank of the Philippines v. Josefina R. Dumlao, et al.

  • G.R. No. 168406 - Club Filipino, Inc. and Atty. Roberto F. De Leon v. Benjamin Bautista, et al.

  • G.R. No. 169519 - Irenorio B. Balaba v. People of the Philippines

  • G.R. No. 169700 - In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela v. Servillano Banayad, Jr.

  • G.R. No. 169878 - People of the Philippines v. Jesus Obero

  • G.R. No. 170014 - Renita Del Rosario, et al. v. Makati Cinema Square Corporation

  • G.R. No. 170472 - People of the Philippines v. Jojo Musa y Santos, et al.

  • G.R. NOS. 170615-16 - The Repuclic of the Philippines, represented by the Office of the Ombudsman, Ma. Merceditas N. Gutierrez, in her capacity as the Ombudsman v. Rufino V. Maijares, Roberto G. Ferrera, Alfredo M. Ruba and Romeo Querubin.

  • G.R. No. 171275 - Victor Meteoro, et al. v. Creative Creatures, Inc.

  • G.R. No. 171386 - Gloria R. Motos and Martin Motos v. Real Bank (A Thrift Bank), Inc.

  • G.R. No. 171586 - National Power Corporation v. Province of Quezon and Municipality of Pabgilao

  • G.R. No. 171655 - People of the Philippines v. Pablo L. Estacio, Jr. and Maritess Ang

  • G.R. No. 171842 - Gloria S. Dy v. Mandy Commodities Co., Inc.

  • G.R. No. 171968 - XYST Corporation v. DMC Urban Properties Development, Inc., Fe Aurora C. Castro (Intervenor)

  • G.R. No. 172174 - Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez v. Marilyn A. Pasawa.

  • G.R. No. 172212 - Rafael Rondina v. Court of Appeals formet special 19th Division, unicraft Industries International Corp., Inc. Robert Dino, Cristina Dino, Michael Lloyd Dino, Allan Dino and Mylene June Dino.

  • G.R. No. 172342 - LWV Construction Corporation v. Marcelo B. Dupo

  • G.R. No. 172574 - Noli Lim v. Angelito Delos Santos, etc., Denia R. Adoyo, et al., (Intervenors) Gloria Murillo, et al., (Protestants)

  • G.R. No. 172640 - Victoriano Dela Pe a, et al. v. Spouses Vicente Alonzo, et al.

  • G.R. No. 172796 - Sps. Artemio and Esperanza Aduan v. Levi Chong

  • G.R. No. 173252 - Unisource Commercial and Development Corporation v. Joseph Chung, et al.

  • G.R. No. 173654-765 - People of the Philippines v. Teresita Puig and Romeo Porras

  • G.R. No. 174154 - Jesus Cuenco v. Talisay Tourist Sprots Complex, Incorporated and Matias B. Aznar III

  • G.R. No. 174238 - Anita Cheng v. Souses William and Tessie Sy

  • G.R. No. 174364 - Northwest Airlines v. Delfin S. Catapang

  • G.R. No. 174370 - People of the Philippines v. Willy Mardo Ganoy y Mamayabay

  • G.R. No. 174610 - Soriamont Steamship Agencies, Inc., et al. v. Sprint Transport Services, inc. etc.

  • G.R. No. 174803 - Marywin Albano-Sales v. Mayor Reynolan T. Sales and Court of Appeals

  • G.R. No. 174830 - Isabelita Vda. De Dayao and Heirs of Vicente Dayao v. Heirs of Gavino Robles, namely: Placida vda. De Robles, et al.

  • G.R. No. 174986, G.R. NO. 175071 and G.R. NO. 181415 - Armand O. Raquel-Santos, et al. v. Court of Appeals, et al.

  • G.R. No. 175352 - Dante Liban, et al. v. Richard J. Gordon

  • G.R. No. 175551 - Republic of the Philippines represented by the Manila International Airport Authority (MIAA) v. Hon. Francisco G. Mendioal, etc.

  • G.R. No. 175677 and G.R. NO. 177133 - Spouses Azucena B. Corpuz and Renato S. Corpuz v. Citibank, N.A. et al.

  • G.R. No. 175910 - Atty. Rogelio E. Sarsaba v. Fe vda De Te, represented by her Attorney-in-Fact Faustino Casta eda

  • G.R. No. 177007 - Sansio Philippines, Inc. v. Sps. Alicia Leodegario Mogol, Jr.

  • G.R. No. 177181 - Rabaja Ranch and Development Corporation v. AFP Retirement and Separation Benefits System

  • G.R. No. 177430 and G.R. NO. 178935 - Rene M. Francisco v. People of the Philippines

  • G.R. No. 177594 - University of San Agustin, Inc. v. University of San Agustin Employees Union-FFW

  • G.R. No. 177624 - Modesta Luna v. Juliana P. Luna, et al.

  • G.R. No. 177728 - Jenie San Juan Dela Cruz, et al., etc., v. Ronald Paul S. Gracia, etc.

  • G.R. No. 177766 - People of the Philippines v. Claro Jampas

  • G.R. No. 177768 - People of the Philippines v. Charmen Olivo y Along, Nelson Danda y Sambuto and Joey Zafra y Reyes

  • G.R. No. 177847 - Laurence M. Sison v. Eusebia Cariaga

  • G.R. No. 178058 - People of the Philippines v. Jessie Maliao y Masakit, Norberto Chiong y Discotido and Luciano Bohol y Gamana, Jessie Maliao y Masakit(Accused-Appellant)

  • G.R. No. 178205 - People of the Philippines v. Leo Quemeggen, Juanito De Luna

  • G.R. No. 178330 - Martin T. Sagarbarria v. Philippine Business Bank

  • G.R. No. 178490 - Commissioner of Internal Revenue v. Bank of the Philippine Islands

  • G.R. No. 178760 - Carmen B. Dy-Dumalasa v. Domingo Sabado S. Fernandez, et al.

  • G.R. NOS. 178831-32, G.R. No. 179120, G.R. NOS. 179132-33 and G.R. NOS. 179240-41 - Limkaichong v. Comission on Election

  • G.R. No. 178976 - Abelardo P. Abel v. Philex Mining Corporation represented by Fernando Agustin

  • G.R. No. 179061 - Sheala P. Matrido v. People of the Philippines

  • G.R. No. 179154 - People of the Philippines v. Roger Perez and Danilo Perez

  • G.R. No. 179177 - Carlos N. Nisda v. Sea Serve Maritime Agency, et al.

  • G.R. No. 179187 - People of the Philippines v. Renato Talusan y Panganiban

  • G.R. No. 179430 - Jamela Salic Maruhom v. Commssion on Elections and Mohammad Ali "Mericano" A. Abinal

  • G.R. No. 179271 and G.R. No. 179295 - BANAT v. Commission on Election

  • G.R. No. 179512 - Eagle Star Security Services, Inc. v. Bonifacio L. Mirando.

  • G.R. No. 179546 - Coca-Cola Bottlers Phils, Inc. v. Alan M. Agito, Regolo S. Oca III, et al.

  • G.R. No. 179653 - United Muslim and Christian Urban Poor Association, Inc., etc. v. BRYC-V Development Corporation, etc., et al.

  • G.R. No. 179674 - Pyro Coppermining Corporation v. Mines Adjudication Board-Department of Environment and Natural Resources, et al.

  • G.R. No. 179807 - Ramy Gallego v. Bayer Philippines, Inc., et al.

  • G.R. No. 179937 - The People of the Philippines v. Gerald Librea y Camitan

  • G.R. No. 180043 - Commissioner of Internal Revenue v. Philippine Airline, Inc. (PAL)

  • G.R. No. 180055 and G.R. No. 183055 - Franklin M. Drilon, et al. v. Hon. Jose de Venecia, Jr., et al.

  • G.R. No. 180066 - Commissioner of Internal Revenue v. Philippine Airlines, Inc.

  • G.R. No. 180458 - Development Bank of the Philippines v. Family Foods Manufacturing Co. Ltd. and Spouses Juliano and Catalina Centeno

  • G.R. No. 180465 - Eric Dela Cruz and Paul M. Lacuata v. Coca-Cola Bottlers Phils.

  • G.R. No. 180528 - Civil Service Commission v. Nelia O. Tahanlangit

  • G.R. No. 180568 - Lydia Montebon a.k.a. Jingle Montebon v. The Honorable Court of Appeals, et al.

  • G.R. No. 180675 - Virgilio Bote v. San Pedro Cineplex Properties Corporation

  • G.R. No. 181235 - Banco De Oro-EPCI, Inc. v. John Tansipek

  • G.R. No. 181393 - Grandteq Industrial Steel Products, Inc. and Abelardo M. Gonzales v. Edna Margallo

  • G.R. No. 181478 - Eddie T. Panlilio v. Commission on Elections and Lilia G. Pineda

  • G.R. No. 181531 - National Union of Workers in Hotels Restaurant and Allied Industries-Manila Pavilion Hotel Chapter v. Secretary of Labor and Employment, et al.

  • G.R. No. 182420 - People of the Philippines v. Elsie Barba

  • G.R .No. 182454 - People of the Philippines v. Felix Wasit

  • G.R. No. 182485 - Sps. Henry O and Pacita Cheng v. Sps. Jose Javier and Claudia Dailisan

  • G.R. No. 182567 - Guillermo M. Telmo v. Luciano M. Bustamante

  • G.R. No. 182687 - People of the Philippines v. Warlito Martinez

  • G.R. No. 182941 - Roberto Sierra y Caneda v. People of the Philippines

  • G.R. No. 183105 - Erna Casals, et al. v. Tayud Golf and Country Club, et al..

  • G.R. No. 183819 - People of the Philippines v. Arsenio Cortez y Macalindong a.k.a. "Archie"

  • G.R. No. 184586 - Rafael Flauta, Jr., et al. v. Commission on Elections, et al.

  • G.R. No. 184801 - Jonas Taguiam v. Commission on Election, et al.

  • G.R. No. 184948 - Cong. Glenn A. Chong, Mr. Charles Chong, and Mr. Romeo Arribe v. Hon. Philip L. Dela Cruz, et al.

  • G.R. No. 185035 - Government Service Insurance System v. Salvador A. De Castro

  • G.R. No. 185063 - Sps. Lita De Leon, et al. v. Anita B. De Leon, et al.

  • G.R. No. 185095 - Maria Susan L. Ra ola, et al. v. Spouses Fernando & Ma. Concepcion M. Ra ola

  • G.R. No. 185220 - Laguna Metts Corporation v. Court of Appeals, Aries C. Caalam and Geraldine Esguerra

  • G.R. No. 185389 - People of the Philippines v. Benjie Resurrection

  • G.R. No. 185401 - Henry "June" Due as, Jr. v. House of Representatives Electoral Tribunal and Angelito "Jett" P. Reyes

  • G.R. NO. 186007 and G.R. No. 186016 - Salvador Divinagracia, Jr. v. Commission on Elections and Alex A. Centena

  • G.R. No. 187152 - People of the Philippines v. Teodulo Villanueva, Jr.

  • UDK-14071 - Martin Gibbs Fletcher v. The Director of Bureau of Corrections or his representative

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    A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila

      A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila

    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [A.M. Nos. P-03-1677 and P-07-2317 : July 15, 2009]

    LIBERTY M. TOLEDO, Complainant, v. LIZA E. PEREZ, Court Stenographer III, Office of the Clerk of Court, Regional Trial Court, Manila, Respondent.

    D E C I S I O N

    CARPIO, J.:

    The Case

    Before the Court are two complaints for conduct prejudicial to the best interest of the service filed by Liberty M. Toledo (Toledo), City Treasurer of Manila, against Liza E. Perez (Perez). Perez used to work in the Office of the Clerk of Court, Regional Trial Court (RTC), Manila, as Court Stenographer III.

    The Facts

    On 10 April 2000, Celso Ramirez (Ramirez), messenger of NYK Fil-Japan Shipping Corporation (NYK), went to the Office of the City Treasurer of Manila, to pay NYK's business tax for the second quarter of 2000. Ramirez gave Local Treasury Operations Officer I Rogelio Reyes (Reyes) PCI Bank Manager's Check No. 00000611011 dated 10 April 2000. The check amounted to P339,881.35 and was payable to the "City Treasurer Manila." Reyes issued Ramirez a fake receipt.2

    Abner L. Aniceto (Aniceto), employee of Total Distribution & Logistics Systems Incorporated (Total), also went to the Office of the City Treasurer to pay Total's business tax, mayor's permit, municipal license, and other regulatory fees for the second, third and fourth quarters of 1999 and for the first, second, third and fourth quarters of 2000. Aniceto alleged that he gave Revenue Collection Clerk I German G. Tamayo (Tamayo) of the License Division Equitable PCI Bank Manager's Check No. 00000231753 dated 11 April 2000. The check amounted to P61,845.92 and was payable to the "Office of the Treasurer Manila." Tamayo issued Aniceto fake receipts.4

    The two checks ended up in the hands of a certain Rogelio Clemente (Clemente) who was a fixer. Clemente gave the checks to Jesus Agustin, Jr. (Agustin, Jr.) who was a friend of Perez. Agustin, Jr. approached Perez and asked her to rediscount the checks. Perez agreed on the condition that the checks will be accepted and cleared by the bank. Perez deposited the checks in her personal savings account with Land Bank and the bank accepted and cleared the checks.

    Toledo discovered the fake receipt of NYK and, on 18 July 2000, she called the corporation to inform them about it. NYK's chief accountant, comptroller, and Ramirez immediately went to the Office of the City Treasurer to settle the issue. They brought a copy of PCI Bank Manager's Check No. 0000061101 as evidence of payment of their business tax.

    After investigating the matter, Toledo discovered that PCI Bank Manager's Check No. 0000061101 was deposited in the personal savings account of Perez. Thus, in a complaint5 dated 27 July 2000 and addressed to the Office of the Court Administrator (OCA), Toledo charged Perez with conduct prejudicial to the best interest of the service.

    In its 1st Indorsement6 dated 10 August 2000, the OCA directed Perez to comment on the complaint. In her affidavit7 dated 30 August 2000, Perez stated that her transaction with Agustin, Jr. had no relation to her position as court stenographer and that she acted in good faith.

    Meanwhile, Toledo discovered the fake receipts of Total and, on 2 April 2001, Total's manager and Aniceto went to the Office of the City Treasurer to settle the issue. After investigating the matter, Toledo discovered that Equitable PCI Bank Manager's Check No. 0000023175 was deposited in the personal savings account of Perez. Toledo filed a complaint8 dated 4 April 2001 with the Office of the Ombudsman charging Perez with conduct prejudicial to the best interest of the service and violation of the Anti-Graft and Corrupt Practices Act.

    In its Decision9 dated 27 March 2002, the Office of the Ombudsman referred the complaint against Perez to the OCA since Perez was employed in the Judiciary. In its 1st Indorsement10 dated 23 August 2002, the OCA directed Perez to comment on the complaint. In her comment11 dated 11 September 2002, Perez adopted her 30 August 2000 affidavit as her comment. In her Rejoinder12 dated 9 October 2002, Perez stated that:

    Respondent here is an INNOCENT VICTIM. Respondent deposited and/or presented the check for payment at Land Bank and the same was not dishonored nor did the bank questioned [sic] the 1st check. Thus, respondent presumed in good faith that there is no irregularity on the subject check(s) as she (respondent) is not familiar with the banking rules and no less than the bank is in a better position to ascertain the irregularity on the checks.13

    In her Sur-Reply14 dated 10 November 2002, Perez stated that:

    Complainant has no right to malign herein respondent by tagging herein respondent as a "cohort" or "co-conspirator" as herein respondent has no knowledge how the said checks reached the hand of Mr. Jesus Agustin, Jr. In fact, herein respondent has filed the necessary legal action against Mr. Jesus Agustin, Jr.

    x x x

    Respondent repleads that she (respondent) is an innocent victim of this unfortunate incident. In no case can it be gleaned that respondent employed scheme, design or deceit in having the checks encashed and]or deposited in her account.

    In its Report15 dated 6 May 2002, the OCA recommended that the case be referred to Acting Executive Judge Enrico A. Lanzanas (Judge Lanzanas), RTC, Manila, for investigation, report, and recommendation. In a Resolution16 dated 3 July 2002, the Court referred the case to Judge Lanzanas.ςηαñrοblεš νιr υαl lαω lιbrαrÿ

    In its Report17 dated 9 December 2002, the OCA recommended that the 4 April 2001 complaint be re-docketed as a regular administrative matter and that the case be referred to Judge Lanzanas for investigation, report and recommendation. In Resolutions18 dated 29 January 2003, the Court referred the case to Judge Lanzanas and re-docketed the complaint as a regular administrative matter.

    In a letter19 dated 27 March 2003, Perez formally tendered her resignation effective 1 April 2003.

    In its Report20 dated 16 July 2003, the OCA recommended that (1) Judge Lanzanas jointly assess the two complaints Toledo filed against Perez and make his recommendation; and (2) Perez's benefits be withheld. In a Resolution21 dated 13 August 2003, the Court directed Judge Lanzanas to jointly assess the two complaints and make his recommendation, and withheld Perez's benefits. In its Report22 dated 7 October 2003, the OCA recommended that the two administrative cases against Perez be consolidated. In a Resolution23 dated 19 May 2004, the Court consolidated the two cases.

    Judge Lanzanas was appointed Associate Justice of the Court of Appeals. The Administrative cases were assigned to Judge Antonio M. Eugenio, Jr. (Judge Eugenio, Jr.), RTC, Manila, Branch 24, for joint assessment and recommendation.

    Investigating Judge's Report and Recommendation

    In his Report24 dated 7 September 2006, Judge Eugenio, Jr. found that (1) 38 checks - all payable to the City Treasurer, City of Manila - were deposited in the personal savings account of Perez; (2) the total amount of the 38 checks was P1,980,784.78; and (3) Land Bank accepted and cleared the 38 checks. Judge Eugenio, Jr. recommended that the cases against Perez be dismissed for insufficiency of evidence. He stated that:

    The aggregate amount of the checks were rediscounted by Liza E. Perez who had substantial deposits with the Land Bank, Taft Avenue branch; she made it clear with Jesus Agustin, Jr., a close friend and the source of the checks, that if the Land Bank would not accept them for deposit, she will return the same; there is no indication whatsoever that she exerted any pressure on the bank to accept the checks for deposit; upon the discovery of the fraud, she not only sued Agustin but also the bank; there is likewise no proof that she knew German G. Tamayo who allegedly was entrusted with the check of TOTAL, and Rogelio Clemente, the alleged fixer who approached Agustin for the rediscounting of the checks.25

    OCA's Report and Recommendation

    In its Report26 dated 1 March 2007, the OCA found that Perez failed to live up to the high standards of honesty and integrity. The OCA stated that, "While Perez swears to the high heavens that her 'check rediscounting' activities were done in a private manner, it cannot be denied that such activities dragged the Court into the fake receipts scam at the City Treasurer's Office." The OCA recommended that Perez be found guilty of conduct prejudicial to the best interest of the service and that the monetary equivalent of six months suspension be deducted from her benefits.

    The Court's Ruling

    The Court finds Perez liable for conduct prejudicial to the best interest of the service.

    Section 52(A)(20), Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service27 classifies conduct prejudicial to the best interest of the service as a grave offense. It is punishable by suspension of six months and one day to one year for the first offense and by dismissal for the second offense.

    The Rules do not provide a definition or enumerate acts that constitute conduct prejudicial to the best interest of the service. In Ito v. De Vera,28 the Court held that conduct prejudicial to the best interest of the service refers to acts or omissions that violate the norm of public accountability and diminish - or tend to diminish - the people's faith in the Judiciary. Perez's act of depositing 38 checks payable to the City Treasurer, City of Manila, amounting to P1,980,784.78 reflected adversely on the integrity of the Judiciary.

    Perez should have been alarmed by the facts that (1) all 38 checks, amounting to P1,980,784.78, were payable to the City Treasurer, City of Manila; and (2) her friend, Agustin, Jr., procured the checks from Clemente who was known to be a fixer. As a court employee, Perez was expected to comply with the strict standards required of all public officers and employees - her actions must have been beyond suspicion.29 In San Jose, Jr. v. Camurongan,30 the Court held that "The strictest standards have always been valued in judicial service. Verily, everyone involved in the dispensation of justice, from the presiding judge to the lowliest clerk, is expected to live up to the strictest norm of competence, honesty and integrity in the public service."

    Perez claimed that her transactions with Agustin, Jr. had no relation to her position as court stenographer and that they were private in nature. The Court is not impressed. The image of the Judiciary is mirrored in the conduct of its personnel whether inside or outside the court. Thus, court personnel must exhibit a high sense of integrity not only in the performance of their official duties but also in their personal affairs. In San Jose, Jr.,31 the Court held that:

    Public servants must exhibit the highest sense of honesty and integrity in their performance of official duties and in their personal affairs, so as to preserve the Court's good name and standing. The administration of justice is a sacred task. This Court cannot countenance, on the part of court personnel, any act or omission that would violate the norm of public accountability; and would diminish, or even just tend to diminish, the faith of the people in the judiciary.

    Time and time again, we have emphasized that more than just a cardinal virtue, integrity in the judicial service is a necessity. The image of the judiciary is mirrored in the conduct, official or otherwise, of its personnel. Thus, this Court will not allow the good name and standing of the judicial system to be tainted by the dishonesty of the very people who have sworn to uphold its honor. (Emphasis supplied)cralawlibrary

    While there is nothing wrong in engaging in private business, caution should be taken to prevent the occurrence of dubious circumstances that may impair the image of the Judiciary. Every act of impropriety ultimately affects the dignity of the Judiciary, and the people's faith in it.32 As the OCA correctly stated, Perez's "activities dragged the Court into the fake receipts scam at the City Treasurer's Office." Perez must be held accountable.

    WHEREFORE, the Court finds retired Court Stenographer III Liza E. Perez, Office of the Clerk of Court, Regional Trial Court, Manila, GUILTY of CONDUCT PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE. Since she has already resigned from the service, the Court FINES her P40,000.

    SO ORDERED.

    Endnotes:


    1 Rollo (OCA I.P.I. No. 00-943-P), p. 7.

    2 Id. at 6.

    3 Rollo (A.M. No. P-03-1677), p. 31.

    4 Id. at 29.

    5 Rollo (OCA I.P.I. No. 00-943-P), pp. 4-5.

    6 Id. at 24.

    7 Id. at 30-32.

    8 Rollo (A.M. No. P-03-1677), pp. 27-28.

    9 Id. at 2-22.

    10 Id. at 216.

    11 Id. at 217-218.

    12 Id. at 246-247.

    13 Id. at 246.

    14 Id. at 252-253.

    15 Rollo (OCA I.P.I. No. 00-943-P), pp. 44-47.

    16 Id. at 48.

    17 Rollo (A.M. No. P-03-1677), pp. 254-257.

    18 Id. at 258-260.

    19 Id. at 269.

    20 Rollo (OCA I.P.I. No. 00-943-P), pp. 287-289.

    21 Id. at 290.

    22 Rollo (A.M. No. P-03-1677), p. 272.

    23 Id. at 279.

    24 Id. at 375-384.

    25 Id. at 384.

    26 Rollo (OCA I.P.I. No. 00-943-P), pp. 345-348.

    27 Promulgated by the Civil Service Commission through Resolution No. 99-1936 dated 31 August 1999 and implemented by CSC Memorandum Circular No. 19, series of 1999.

    28 A.M. No. P-01-1478, 13 December 2006, 511 SCRA 1, 11-12.

    29 OCA v. Judge Fuentes, 317 Phil. 604, 616-617 (1995).

    30 A.M. No. P-06-2158, 25 April 2006, 488 SCRA 102, 105.

    31 Id. at 106-107.

    32 Re: Willful Failure to Pay Just Debts Against Mr. Melquiades A. Briones, A.M. No. 2007-11-SC, 10 August 2007, 529 SCRA 689, 696.

    A.M. No. P-03-1677 & A.M. No. P-07-2317 - Liberty M. Toledo v. Liza Perez, Court Stenographer III, Office of the Clerk of Court, RTC, Manila


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