November 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. No. RTJ-06-1974 (Formerly A.M. OCA IPI No. 05-2226-RTJ) : November 29, 2011]
CARMEN P. EDAÑO v. JUDGE FATIMA G. ASDALA, ET AL.
"A.M. No. RTJ-06-1974 [Formerly A.M. OCA IPI No. 05-2226-RTJ] (Carmen P. Edaño v. Judge Fatima G. Asdala, et al.) - For consideration is the second Motion for Reconsideration dated 8 September 2011 filed by Regional Trial Court (RTC) Judge Fatima G. Asdala (respondent) arguing as follows:
- The allegations contained in the Complaint filed against respondent do not constitute gross misconduct as defined by jurisprudence.
- Respondent is not guilty of gross insubordination or arrogance.
- The penalty of dismissal from service is not commensurate to the errors committed by respondent.
This Court maintains its ruling and denies respondent's second Motion for Reconsideration.
The arguments raised by respondent are a mere rehash of the earlier-grounds alleged in her first Motion for Reconsideration dated 6 August 2007. Furthermore, she has admittedly waived her right to ask for the reconsideration of her dismissal.
On page 6 of her 6 August 2007 letter addressed to the members of this Court, which we consider as her first Motion for Reconsideration, respondent says: "If Your Honors can no longer give me a chance to redeem myself within the institution, as in the case of Judge Muro, may I beg to invoke the rulings of the Court in the above-cited cases, to at least, spare me the other benefits to which I would otherwise be entitled."
In a Resolution dated 11 September 2007, the first Motion for Reconsideration filed by respondent was denied with finality, but she was granted the money equivalent of all her accrued sick and vacation leaves.
Furthermore, in another letter dated 10 September 2007 addressed to former Chief Justice Reynato S. Puno, respondent admitted to having waived her right to ask for the reconsideration of her dismissal, to wit:
Last August 17, 2007, I filed letter pleading for the compassion and mercy of Your Honor and the other Associate Justices, instead of a motion for reconsideration of the Decision x x x.
My resolve was made painstakingly because it meant waiving any chance to clear my name from the stigma of being dismissed from the service and over the advice of respected members of the legal community x x x.
WHEREFORE, the instant Motion for Reconsideration dated 8 September 2011 is hereby DENIED with FINALITY. Basic issues raised have already been passed upon in the Decision, and no substantial arguments have been raised to warrant the reversal of the questioned Decision. No further pleadings shall be entertained."
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court