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A.M. No. P-05-2013. July 10, 2006]

LINDA RAMOS v. LINDA C. ESTEBAN, COURT STENOGRAPHER, RTC, BRANCH 30, BAMBANG, NUEVA VIZCAYA

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JULY 10, 2006 .

A.M. No. P-05-2013 (Linda Ramos v. Linda C. Esteban, Court Stenographer, RTC, Branch 30, Bambang, Nueva Vizcaya)

By Decision ^[1] cralaw of October 20, 2005, this Court found respondent Linda C. Esteban, Court Stenographer of the Regional Trial Court of Bambang, Nueva Vizcaya, Branch 30, guilty of simple misconduct and violation of Presidential Decree No. 26 ^[2] cralaw for which she was fined Two Thousand Pesos (P2,000) and Five Hundred Pesos (P500), respectively, and sternly warned that a commission of the same or similar acts would be dealt with more severely. ^[3] cralaw

By Resolution ^[4] cralaw of February 6, 2006, this Court noted respondent's payment of the court fine.

On May 24, 2006, respondent filed a letter-complaint ^[5] cralaw addressed to Chief Justice Artemio V. Panganiban alleging that despite her having paid the court fine in the total amount of P2,500, she failed to receive employment benefits for the year 2006. She alleged that upon inquiry, she was informed that such benefits were being withheld and debited against all the benefits she continued to receive in the year 2005 after being adjudged guilty in the administrative case; and that on her request, a computation ^[6] cralaw of the amount she had to refund in order to relinquish her financial obligations relating to the case was made and, as computed, she did refund P20,825 representing midyear and year end bonuses, additional fringe benefits and allowances she received from the Judiciary Development Fund (JDF) for the year 2005.

She having already paid the fine, as stated above, respondent requested that all the benefits for 2006 which have been withheld from her be released and that the above-said amount of P20,825 be refunded to her.

Appended to her letter were Official Receipt Nos. 1893683A, ^[7] cralaw 3226470A ^[8] cralaw and 0619484A ^[9] cralaw reflecting her payment of P2,500 fine, P100 representing refund of JDF allowance for 2005, and P20,725 representing refund of midyear and year end bonuses and additional fringe benefits for 2005.

By Indorsement ^[10] cralaw of May 29, 2006, Chief Justice Panganiban referred the letter and its enclosures to Atty. Lucita A. Soriano, Clerk of Court, Special Third Division, for inclusion in the agenda of the Division.

Section 3 of Budget Circular No. 2000-18 dated September 6, 2000 issued by the Department of Budget and Management on the Grant of Year-End Bonus and Cash Gift and Advance Payment of One-Half (1/2) Thereof for FY 2000 and Years Thereafter provides:

3.0 Exemptions

All government personnel under the following instances as of October 31 of each year shall not be entitled to the benefits authorized herein:

x x x x

3.4 Those who are formally charged in administrative cases as well as criminal cases which relate to acts of omissions in connection with their official duties and functions and found guilty and/or meted penalties shall not be entitled to the benefits authorized herein in the year the decision was handed down.

3.4.1 In this regard, if the penalty meted out is only a reprimand, such penalty is not one that can be made the basis of disqualification to receive the said benefits. (Emphasis and underscoring supplied)

Supreme Court Administrative Circular No. 5-2001 issued on January 9, 2001 providing for Rules and Regulations on the Payment of Productivity Incentive Benefit, Fringe Benefits (Amelioration Assistance), and Additional Cost of Living Allowance from the Judiciary Development Fund [JDF] states that those who have been found guilty of an administrative charge, except those who have been reprimanded or warned, during the period covered by the grant of the benefits are not entitled to the said benefits.

In the grant of fringe benefits and additional cost of living allowance from the JDF then for which an employee is required to have rendered a minimum six month period of actual service, ^[11] cralaw a decision handed down against him in an administrative case anytime during such period renders him ineligible for those benefits.

In the case at bar, respondent having been adjudged guilty on October 20, 2005 of simple misconduct and violation of the franking privilege and consequently fined therefor, withholding of the benefits appurtenant to her employment as court stenographer during the period covered by the grant of such benefits was in order. It appears, however, that such benefits were not withheld for the year 2005, hence, respondent correctly refunded the P20,825.

Respondent is now entitled to receive employment benefits for the year 2006, subject to the proviso that the October 20, 2005 Decision in this administrative case did not fall within the minimum period of actual service required to entitle her to such benefits.

WHEREFORE, the request of Linda C. Esteban, Court Stenographer of Branch 30 of the Regional Trial Court of Bambang, Nueva Vizcaya for the refund of P20,825 representing the midyear and year end bonuses, additional fringe benefits and allowances she received from the Judiciary Development Fund for the year 2005 is DENIED.

Respondent having relinquished the financial obligations relating to her administrative case, the Financial Management Office, Office of the Court Administrator is hereby DIRECTED to resume payment of the benefits appurtenant to her employment, provided that the decision in this administrative case was not handed down during the minimum period of actual service required to entitle her to such benefits.

Let a copy of this Resolution be furnished the Financial Management and Budget Office, Office of the Court Administrator.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court

Endnotes:

^[1] cralaw Rollo, pp. 27-37.

^[2] cralaw EXTENDING FRANKING PRIVILEGE TO PAPERS CONNECTED WITH JUDICIAL PROCEEDINGS.

^[3] cralaw Rollo, p. 36.

^[4] cralaw Id. at 40.

^[5] cralaw Id. at 42-43.

^[6] cralaw Id. at 47.

^[7] cralaw Id. at 44.

^[8] cralaw Id. at 45.

^[9] cralaw Id. at 46.

^[10] cralaw Id. at 41.

^[11] cralaw Memorandum Order No. 71-2005, Authorizing the Grant and Release of Additional Fringe Benefit to the Justices, Judges, and Officials and Personnel of the Supreme Court and Lower Courts, and for Other Purposes, Implementing Guidelines on the Grant of Additional Cost of Living Allowance from the Judiciary Development Fund (JDF) to Officials and Employees of the Judiciary and Presidential Electoral Tribunal.

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