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[A.M. No. CA-02-14-P. March 11, 2003]

MARIANO vs. ROXAS

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 11 2003.

A.M. No. CA-02-14-P(Leonor Mariano, complainant, vs. Susan Roxas, Clerk III, court of Appeals, respondent.)

For resolution are the: (a) motion filed by respondent Susan Roxas seeking a reconsideration of this Court's Decision dated July 31, 2002, the dispositive portion of which reads:

"Wherefore, respondent Susan Roxas is adjudged GUILTY of CONDUCT PREJUDICIAL TO THE BEST INTEREST OF THE SERVICE and WILLFUL FAILURE TO PAY HER JUST DEBT.She is SUSPENDED for SIX (6) MONTHS and is REPRIMANDED.

"Respondent is further ordered to pay complainant the sum of P12,110.00, representing her unpaid debt, through payroll deductions.

"SO ORDERED."

and (b) motion of complainant Leonor Mariano praying that respondent's suspension be lifted.

Respondent, in her motion, states that she is not questioning the wisdom of the ruling of this Court, but that she is begging forgiveness, compassion and mercy to somehow mitigate the penalty imposed upon her.She further states that she is a single parent with two kids who are of school age and are totally dependent upon her.There are times she could not provide for their basic needs considering her measly income as an ordinary clerk of the Court of Appeals.Likewise, as a mother, she could not bear to see her children go hungry for the entire period of her suspension.She is also paying for their college educational plans.For almost nine (9) years now, she has been working in the court of appeals and this is the first time she is being charged administratively.At any rate, she is willing to pay the amount of P12,110.00 as ordered by this Court.

For her part, complainant alleges in her motion that she has forgiven respondent for the delay in the payment of her debt; and that respondent has shown repentance by tendering a partial payment of P5,000.00 and is willing to pay her remaining obligation.Complainant pleads that the penalty of suspension imposed on respondent be lifted as it will further prolong her inability to pay her obligations.

We find merit in the submissions of both parties.

WHEREFORE, and for humanitarian considerations, we resolved to GRANT their respective motions.The penalty imposed upon respondent is reduced to TWO (2) MONTHS only.

The letter dated 16 August 2002 of respondent Susan Roxas is also NOTED.

Ynares-Santiago, J., on leave.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court

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