Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1982 > March 1982 Decisions > A.M. No. P-2599 March 25, 1982 - HON. ALICIA V. SEMPIO-DIY v. AMELIA GARCIA SUAREZ:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[A.M. No. P-2599. March 25, 1982.]

HON. ALICIA V. SEMPIO-DIY, Complainant, v. AMELIA GARCIA SUAREZ, Respondent.

SYNOPSIS


Respondent, a cashier of the Juvenile and Domestic Relations Court of Caloocan City, war charged by complainant judge of the said court with serious misconduct prejudicial to me public interest for her failure to account for her collections for several months amounting to P7,566.l6. The Office of the Court Administrator in its report recommended that respondent be found guilty as charged and that she be separated from service, with forfeiture of all retirement benefits and pay, and payment of the whole amount misappropriated without need of a formal investigation, considering that the records of the case sufficiently provide a basis for the determination of her administrative liability. When directed to comment why said report as well as the report of the Accounting Division of the Supreme Court should not be approved, respondent admitted her mistake and liability. Respondent, however, appealed for compassion and asked that she just be transferred to any other position where the handling of funds is not involved.

The Supreme Court resolved to deny respondent’s request and to approve the Court Administrator’s recommendations.


SYLLABUS


1. CONSTITUTIONAL LAW; SUPREME COURT; ADMINISTRATIVE SUPERVISION OVER LOWER COURTS; ADMINISTRATIVE COMPLAINT AGAINST A COURT EMPLOYEE; SERIOUS MISCONDUCT PREJUDICIAL TO PUBLIC INTEREST; PENALTY; CASE AT BAR. — Where respondent cashier of the Juvenile and Domestic Relations Court admitted her mistake and liability in failing to account for her collections for several months, the Supreme Court found her guilty of serious misconduct prejudicial to the public interest and ordered her separation from the service, with forfeiture of all retirement benefits and pay, and payment of the whole amount not accounted for.


R E S O L U T I O N


BARREDO, J.:


On October 22, 1981, the Court issued the following resolution:jgc:chanrobles.com.ph

"Acting on the letter of Judge Alicia V. Sempio-Diy, Juvenile and Domestic Relations Court of Caloocan City, dated August 26, 1981, informing this Court that Mrs. Amelia G. Suarez, Cashier of the said court has not been filing her monthly report as cashier of the above-mentioned court and that the last report filed by her was for the month of December, 1980, with request that the Court’s Financial Officer conduct an official audit on said cashier’s account and records as soon as possible, as well as the report dated September 15, 1981 of Mr. Dimas H. Guevarra of the Accounting Division of this Court who was sent to examine the cash accountability of said Mrs. Suarez, the comment/explanation of Mrs. Suarez, and the report of Court Administrator Lorenzo Relova, recommending that she be (a) found guilty of serious misconduct prejudicial to public service and be separated from the service, with forfeiture of all retirement benefits, her unjustified actions being sufficient to warrant her separation from the service, and (b) ordered to pay the whole amount (P7,566.16) without need of conducting any formal investigation, considering that the records of the case sufficiently provide a basis for determination of her administrative liability, the Court Resolved to DIRECT the Clerk of Court to furnish the respondent copies of the aforesaid reports of Court Administrator Relova and Mr. Guevarra, for COMMENT within seventy-two (72) hours from notice, why said reports should not be approved and her dismissal ordered by the Court."cralaw virtua1aw library

On November 3, 1981, the Court Administrator submitted the following report and recommendation:jgc:chanrobles.com.ph

"ADMINISTRATIVE MATTER FOR AGENDA

"Subject Matter: ADM. MATTER No. P-2599. — Hon. Alicia V. Sempio-Diy, JDRC, Caloocan City v. Amelia Garcia Suarez, Cashier, same court, for serious misconduct prejudicial to the public interest.

"Reason for Subject-Request: Submitted to this Court on Oct. 30, 1981 is the attached respondent’s letter of even date, in compliance with the Resolution of the Court dated Oct. 22, 1981.

"Other Relevant Information: In the Memorandum of Oct. 12, 1981 the undersigned has recommended ‘that respondent Amelia G. Suarez be found guilty of serious misconduct prejudicial to the public interest and that she be separated from the service, with forfeiture of all retirement benefits and pay, and payment of the whole amount.’

"The Court En Banc, in its Resolution of October 22, 1981, resolved ‘to DIRECT the Clerk of Court to furnish the respondent copies of the aforesaid reports of Court Administrator Relova and Mr. Guevarra, for COMMENT within seventy-two (72) hours from notice, why said reports should not be approved and her dismissal ordered by the Court.’

"RECOMMENDATION: SUBMITTED to the Honorable Court is the aforementioned letter dated Oct. 30, 1981 of respondent Amelia G. Suarez, in compliance with the Resolution dated Oct. 22, 1981 of this Court.

(Sgd.) LORENZO RELOVA

Court Administrator

NPjr/

11.3.81"

x       x       x


"October 30, 1981

Justice Lorenzo Relova

Court Administrator

Office of the Administrative

Sciences (sic)

Supreme Court, Manila

Sir:jgc:chanrobles.com.ph

"In compliance with your directive dated October 27, 1981, I am submitting herewith my COMMENT: I submit to the recommendation contained therein, however, I pray that the Supreme Court consider the fact that I am the sole support of my two (2) children as my husband is presently unemployed and separation from the service with forfeiture of all retirement benefits would further aggravate the pitiful economic plight in which we are in.

"I know that the Supreme Court renders justice with compassion and I appeal that the Supreme Court be compassionate enough to just transfer me to any other position where the handling of funds is not involved.

"I have realized my mistake. I have suffered for it. I have repented.

Very truly yours,

(Sgd.) Amelia G. Suarez"

After mature deliberation, the Court resolved to DENY the request of respondent Suarez and to approve the recommendation of the Court Administrator of October 12, 1981 that "respondent Amelia G. Suarez be found guilty of serious misconduct prejudicial to the public interest and that she be separated from the service, with forfeiture of all retirement benefits and pay, and payment of the whole amount."cralaw virtua1aw library

This resolution is immediately executory.

Fernando, C.J., Teehankee, Makasiar, Aquino, Concepcion, Jr., Fernandez, Guerrero, De Castro, Melencio-Herrera, Ericta, Plana and Escolin, JJ., concur.

Abad Santos, J., on official leave.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1982 Jurisprudence                 

  • G.R. No. 57883 March 12, 1982 - GUALBERTO J. DE LA LLANA, ET AL. v. MANUEL ALBA, ET AL.

    198 Phil. 1

  • G.R. No. L-30205 March 15, 1982 - UNITED GENERAL INDUSTRIES, INC. v. JOSE PALER, ET AL.

    198 Phil. 130

  • G.R. No. L-30314 March 15, 1982 - PEOPLE OF THE PHIL. v. EDUARDO GUTIERREZ, ET AL.

    198 Phil. 134

  • G.R. No. L-34845 March 15, 1982 - PEOPLE OF THE PHIL. v. BERNARDO ESPINOSA

    198 Phil. 147

  • G.R. No. L-37603 March 15, 1982 - CONSUELO LAZARO v. PEOPLE OF THE PHIL., ET AL.

    198 Phil. 156

  • G.R. No. L-37687 March 15, 1982 - PICEWO, ET AL. v. PINCOCO, ET AL.

    198 Phil. 166

  • G.R. No. L-38100 March 15, 1982 - PEOPLE OF THE PHIL. v. LITO VARROGA, ET AL.

    198 Phil. 183

  • G.R. Nos. L-38507-08 March 15, 1982 - PEOPLE OF THE PHIL. v. GABRIEL S. MEMBROT, ET AL.

    198 Phil. 200

  • G.R. No. L-41302 March 15, 1982 - PEOPLE OF THE PHIL. v. MODESTO BOSTON, ET AL.

    198 Phil. 212

  • G.R. No. L-44063 March 15, 1982 - VICTORIANO F. CORALES v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

    198 Phil. 224

  • G.R. No. L-44972 March 15, 1982 - PEOPLE OF THE PHIL. v. RODRIGO M. MARTIJA

    198 Phil. 250

  • G.R. No. L-49858 March 15, 1982 - PEOPLE OF THE PHIL. v. JOSE ABING

    198 Phil. 257

  • G.R. No. 52741 March 15, 1982 - SALUD RAMOS v. COURT OF APPEALS, ET AL.

    198 Phil. 263

  • G.R. Nos. L-55243-44 March 15, 1982 - PHILIPPINE NATIONAL BANK, ET AL. v. COURT OF APPEALS, ET AL.

    198 Phil. 273

  • G.R. No. L-55538 March 15, 1982 - IN RE: DIONESIO DIVINAGRACIA, JR., ET AL.

    198 Phil. 287

  • G.R. No. 57068 March 15, 1982 - JOSEPH HELMUTH, JR. v. PEOPLE OF THE PHIL., ET AL.

    198 Phil. 292

  • G.R. No. L-58877 March 15, 1982 - PEPSI-COLA BOTTLING COMPANY, ET AL. v. ANTONIO M. MARTINEZ, ET AL.

    198 Phil. 296

  • G.R. No. 59070 March 15, 1982 - PHIL. PACIFIC FISHING CO., INC., ET AL. v. ARTEMON D. LUNA, ET AL.

    198 Phil. 304

  • G.R. No. 59713 March 15, 1982 - PEOPLE OF THE PHIL. v. ANTONIO F. ARIZALA, ET AL.

    198 Phil. 314

  • G.R. No. L-28256 March 17, 1982 - SEVERO DEL CASTILLO v. LORENZO JAYMALIN, ET AL.

  • G.R. No. L-37050 March 17, 1982 - REPUBLIC OF THE PHIL., ET AL. v. SALVADOR C. REYES, ET AL.

  • G.R. No. L-44943 March 17, 1982 - SOCORRO MONTEVIRGEN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-49436 March 17, 1982 - IRENEO SALAC, ET AL. v. RICARDO TENSUAN, ET AL.

  • G.R. Nos. L-45283-84 March 19, 1982 - PEOPLE OF THE PHIL. v. LUCILA V. VALERO

  • G.R. No. 57735 March 19, 1982 - LUIS ESTRADA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • A.M. No. P-2599 March 25, 1982 - HON. ALICIA V. SEMPIO-DIY v. AMELIA GARCIA SUAREZ

  • G.R. No. L-37223 March 25, 1982 - IN RE: CHUA SIONG TEE, ET AL. v. REPUBLIC OF THE PHIL.

  • G.R. No. L-40005 March 25, 1982 - IN RE: JOSE NGO, ET AL. v. REPUBLIC OF THE PHIL.

  • G.R. No. L-46001 March 25, 1982 - LUZ CARO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-49659 March 25, 1982 - RUBEN L. ROXAS v. FERNANDO S. ALCANTARA

  • G.R. No. 51122 March 25, 1982 - EUGENIO J. PUYAT v. SIXTO T. J. DE GUZMAN, JR.

  • G.R. No. 53869 March 25, 1982 - RAUL A. VILLEGAS v. VALENTINO L. LEGASPI, ET AL.

  • G.R. No. 58265 March 25, 1982 - DIONISIO EBON, ET AL. v. FELIZARDO S.M. DE GUZMAN

  • G.R. No. 58854 March 25, 1982 - BELEN MAZO v. MUNICIPAL COURT OF TAMBULIG, ZAMBOANGA DEL SUR, ET AL.

  • G.R. No. 57540 March 26, 1982 - PEOPLE OF THE PHIL. v. REGINO T. VERIDIANO II

  • G.R. No. 58133 March 26, 1982 - MERCEDES AGUDA, ET AL. v. AMADOR T. VALLEJOS

  • A.M. No. P-2390 March 29, 1982 - LUCAS D. CARPIO v. FRANCISCO M. GONZALES

  • A.M. No. P-2694 March 29, 1982 - MARCOS JUMALON v. CLODUALDO L. MONTES

  • G.R. No. L-25771 March 29, 1982 - URBANO JACA, ET AL. v. DAVAO LUMBER COMPANY, ET AL.

  • G.R. No. L-30849 March 29, 1982 - PEOPLE OF THE PHIL. v. MABINI GARACHICO, ET AL.

  • G.R. No. L-33427 March 29, 1982 - PEOPLE OF THE PHIL. v. LUIS GABIERREZ, JR.

  • G.R. No. L-33488 March 29, 1982 - PEOPLE OF THE PHIL. v. PACIFICO MATIONG, ET AL.

  • G.R. No. L-33757 March 29, 1982 - BAYANI QUINTO, ET AL. v. ONOFRE A. VILLALUZ

  • G.R. No. L-35474 March 29, 1982 - HONORATO C. PEREZ v. PROVINCIAL BOARD OF NUEVA ECIJA, ET AL.

  • G.R. No. L-36099 March 29, 1982 - PEOPLE OF THE PHIL. v. BENITO S. TABIJE

  • G.R. No. L-39333 March 29, 1982 - PEOPLE OF THE PHIL. v. RAYMUNDO R. SACAYAN

  • G.R. No. L-39400 March 29, 1982 - PEOPLE OF THE PHIL. v. DANILO G. SY, ET AL.

  • G.R. No. L-45650 March 29, 1982 - CRESENCIO ANDRES v. BONIFACIO A. CACDAC, JR.

  • G.R. No. L-47069 March 29, 1982 - PEOPLE OF THE PHIL. v. VICENTE ORSAL, ET AL.

  • G.R. No. L-49061 March 29, 1982 - PEDRO YUCOCO, ET AL. v. AMADO G. INCIONG, ET AL.

  • G.R. No. 50238 March 29, 1982 - CEBU INSTITUTE OF TECHNOLOGY v. MINISTER OF LABOR, ET AL.

  • G.R. No. 52091 March 29, 1982 - TERESO V. MATURAN v. SANTIAGO MAGLANA

  • G.R. No. 57460 March 29, 1982 - FILIPINAS GOLF & COUNTRY CLUB, INC. v. PHIL TRANS. & GENERAL WORKERS ORGANIZATION, ET AL.

  • A.M. No. 2680-MJ March 30, 1982 - CORPORATE MANAGERS AND CONSULTANTS, INC. v. MANUEL B. ACOSTA

  • G.R. Nos. L-26915-18 March 30, 1982 - PEOPLE OF THE PHIL. v. SERGIO BALADJAY

  • G.R. Nos. L-31901-02 March 30, 1982 - PEOPLE OF THE PHIL. v. ROLANDO M. HILARIO

  • G.R. No. L-33582 March 30, 1982 - OVERSEAS BANK OF MANILA v. VICENTE CORDERO

  • G.R. No. L-36553 March 30, 1982 - PEOPLE OF THE PHIL. v. NOLASCO FAMADOR

  • G.R. No. L-37309 March 30, 1982 - RAMON AGTON v. COURT OF APPEALS, ET AL.

  • G.R. No. L-37494 March 30, 1982 - MANUEL SY Y LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. L-38960 March 30, 1982 - PEOPLE OF THE PHIL. v. DANILO DEMATE

  • G.R. No. L-49430 March 30, 1982 - PEOPLE OF THE PHIL. v. BELINDA V. LORA

  • G.R. No. 52188 March 30, 1982 - MD TRANSIT & TAXI CO., INC. v. FRANCISCO L. ESTRELLA, ET AL.

  • G.R. No. 52363 March 30, 1982 - OFELIA G. DURAN v. EMPLOYEES’ COMPENSATION COMMISSION, ET AL.

  • G.R. No. 53560 March 30, 1982 - PETRA GABAYA v. RAFAEL T. MENDOZA