[A.M. No. P-03-1684 : November 12, 2007]
PETER T. DONTON V. EDGARDO S. LORIA, SHERIFF III, METROPOLITAN TRIAL COURT, BRANCH 33, QUEZON CITY
Quoted hereunder, for your information, is a resolution of this Court dated 12 November 2007:A.M. No. P-03-1684 (Peter T. Donton v. Edgardo S. Loria, Sheriff III, Metropolitan Trial Court, Branch 33, Quezon City)
In the Decision dated 10 March 2006, the Court found Sheriff Edgardo S. Loria (Sheriff Loria) guilty of simple misconduct. Accordingly, the Court ordered that Sheriff Loria be suspended from office for six months with a warning that if he commits another infraction in the future the penalty will be dismissal. Sheriff Loria filed a motion for reconsideration praying that, instead of the penalty of suspension, a fine be imposed because he would compulsorily be retiring in May 2006. In a Resolution dated 7 June 2006, the Court denied the motion.
In a letter dated 28 June 2006, the Office of the Court Administrator (OCA) directed Sheriff Loria to explain his failure to immediately serve his suspension. On 14 July 2006, Sheriff Loria explained that he did not know that the order of suspension was immediately executory and that he believed that the 10 March 2006 Decision did not yet become final and executory due to his timely filing of a motion for reconsideration. In a Memorandum dated 12 December 2006, the OCA recommended that Sheriff Loria be held liable for gross misconduct for his failure to immediately serve the suspension. The OCA also recommended that because of his compulsory retirement on 22 May 2006, in lieu of dismissal from the service, which is the appropriate penalty for the offense, all his benefits, except accrued leave credits, be forfeited and that he be perpetually disqualified from reemployment in any branch of the government or any of its agencies or instrumentalities, including government owned and controlled corporations.
We believe, however, that a fine equivalent to Sheriff Loria's six months salary would be proper. The penalty imposed in the aforementioned decision is amended to read as follows:
"WHEREFORE, we FIND respondent Edgardo S. Loria, Sheriff III of the Metropolitan Trial Court, Branch 33, Quezon City, GUILTY of Simple Misconduct and accordingly FINE him the equivalent of six months salary to be deducted from his retirement benefits.SO ORDERED
." Velasco, Jr., J., no part, due to prior action in the OCA.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
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