October 2009 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
A.M. No. 07-2-93-RTC A.M. NO. P-07-2320 - Re: Order dated 21 December 2006 issued by Judge Bonifacio Sanz Maceda, Regional Trial Court, Branch 275, Las Pi as City, suspending Loida M. Genabe, Legal Researcher, same court
THIRD DIVISION
[A.M. NO. 07-2-93-RTC : October 29, 2009]
RE: ORDER DATED 21 DECEMBER 2006 ISSUED BY JUDGE BONIFACIO SANZ MACEDA, REGIONAL TRIAL COURT, LAS PI�AS CITY, BRANCH 275, SUSPENDING LOIDA M. GENABE, LEGAL RESEARCHER, SAME COURT.
[A.M. NO. P-07-2320]
JUDGE BONIFACIO SANZ MACEDA, REGIONAL TRIAL COURT, LAS PI�AS CITY, BRANCH 275, Complainant, v. LOIDA M. GENABE, LEGAL RESEARCHER, SAME COURT. Respondent.
D E C I S I O N
CARPIO, J.:
This administrative matter against Loida M. Genabe (Genabe), Legal Researcher II of the Regional Trial Court (trial court), Branch 275, Las Pi�as City, stemmed from a Letter dated 22 December 2006 addressed to the Office of the Court Administrator (OCA) filed by Judge Bonifacio Sanz Maceda (Judge Maceda) of the same trial court. Judge Maceda attached his Order dated 21 December 2006 suspending Genabe for 30 days by reason of neglect of duty for attending a two-day seminar despite a pending assignment. In the letter, Judge Maceda requested that the salary of Genabe be withheld for the period 21 December 2006 to 20 January 2007 since the suspension was immediately executory.
The Facts
On 20 November 2006, Atty. Jonna M. Escabarte (Atty. Escabarte), Branch Clerk of Court of the same trial court, issued an Inter-Office Memorandum to Genabe referring to her neglect, in leaving for Baguio City on 16 to17 November 2006 to attend a seminar for legal researchers, without finishing her assigned task. The assigned task required Genabe to summarize the statement of facts in Criminal Case Nos. 03-0059 to 03-0063 entitled "People of the Philippines v. Marvilla, et al.," set for promulgation on 21 November 2006. Atty. Escabarte reminded Genabe that such act could not be tolerated and that similar acts in the future would be meted an appropriate sanction.
On 22 November 2006, Genabe submitted her explanation regarding the unfinished assigned case. She stated that she was not able to complete the summary due to lack of transcript of stenographic notes (TSN). Genabe added that she be absolved for humane considerations.
On 29 November 2006, Judge Maceda called a staff meeting to discuss several matters in the agenda, including the inter-office memorandum. Allegedly, even before the staff meeting, Genabe resented the issuance of the memorandum and became disrespectful to the court staff, including the clerk of court. At the meeting, Genabe allegedly continued her combative behavior in total disregard of the presence of Judge Maceda.
On 30 November 2006, Judge Maceda ordered Genabe to show cause why she should not be cited in contempt by the court and why she should not be administratively sanctioned for conduct unbecoming, neglect of duty and misconduct.
In her Answer dated 11 December 2006, Genabe denied that she neglected her duty and explained with counter-charges. Genabe stated that Atty. Escabarte did not give her the opportunity to be heard and that she was not given sufficient lead time to finish the five consolidated informations of the criminal case assigned to her. Genabe attributed the lack of stenographers, which was beyond her control, as the cause of the delay in the transcriptions of the minutes of the meeting. As a counter-charge, Genabe claimed that Judge Maceda disciplines his staff on a selective basis.???�r?bl?�
