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[A.M. No. OCA-IPI No. 95-45-RTJ.July 27, 1999]
DEVELOPMENT BANK OF THE PHILS. vs. JUDGE MALAYA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 27, 1999 .
A.M. No. OCA-IPI No. 95-45-RTJ(Development Bank of the Philippines vs. Judge Angel S Malaya [deceased] and Sheriff Roque Angeles, both of the RTC, Branch 22, Naga City.)
On August 31, 1998, the Court found respondent Sheriff Roque Angeles of the Regional Trial Court of Naga City, Branch 22 administratively liable for violation of existing rules and circulars in failing to issue official receipts for money collected and in failing to make an accounting of the same.
Thus, the Court ordered the suspension of respondent from office for six months with warning that a repetition of the same violations in the future will be severely dealt with.
In a letter dated May 5, 1999, Branch Clerk of Court Ma. Agatha R. Borja-Cu of the said branch sought clarification on whether the aforesaid suspension of respondent commenced on October 19, 1998 when he received the aforementioned resolution of August 31, 1998 or upon his receipt of the resolution of January 30, 1999 on February 17, 1999, denying his motion for reconsideration.
As penalties imposed in administrative cases are immediately executory, suspension of respondent should have begun at the time respondent received the resolution of August 31, 1998 on October 19, 1998. Davide, C.J., is on official leave.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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