April 2008 - Philippine Supreme Court Resolutions
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[A.M. No. 08-1-26-RTC : April 15, 2008] RE: LETTER OF JAMES D. BALAGTEY, OIC, CLERK OF COURT, REGIONAL TRIAL COURT, BAGUIO CITY, BRANCH 4 SEEKING CLARIFICATION ON THE EFFECTIVITY OF THE TERMINATION OF THE PROVISIONAL APPOINTMENT OF CHARLES A. CORPUZ :
[A.M. No. 08-1-26-RTC : April 15, 2008]
RE: LETTER OF JAMES D. BALAGTEY, OIC, CLERK OF COURT, REGIONAL TRIAL COURT, BAGUIO CITY, BRANCH 4 SEEKING CLARIFICATION ON THE EFFECTIVITY OF THE TERMINATION OF THE PROVISIONAL APPOINTMENT OF CHARLES A. CORPUZ
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated April 15, 2008
"A.M. No. 08-1-26-RTC (Re: Letter of James D. Balagtey, OIC, Clerk of Court, Regional Trial Court, Baguio City, Branch 4 seeking clarification on the effectivity of the termination of the provisional appointment of Charles A. Corpuz)
In a Resolution dated january 29, 2008, the Court resolved to drop from the service Charles A. Corpus who had a provisional appointment as Clerk III in the Regional Trial Court (RTC), Branch 4 in Baguio City. In the same Resolution, Corpus position was declared vacant.
On April 4, 2008, James D. Balagtey, Officer-in-Charge, Clerk of Court of Branch 4, wrote Supreme Court Clerk of Court Atty. Ma. Luisa D. Villarama, asking clarification if Corpus could ask for reconsideration of his termination. Balagtey also informed this Court that Vice Executive Judge Illuminada Cabato-Cortez allowed Corpus to continue reporting to work pending the resolution of his request for reconsideration. Balagtey seeks advice on the matter.
First, the provisional appointment of Corpus as Clerk III in Branch 4 became immediately effective upon receipt of the Court Resolution dated January 29, 2008 by Judge Amado S. Caguioa, Corpus, and Acting Clerk of Court Balagtey, all of whom were sent and apparently received copies of the Resolution. The Court Resolution is unequivocal that he was being dropped from the service; thus, he should have stopped reporting to work even as he awaits resolution of his request for reconsideration. Second, there is nothing that should stop Corpus from request reconsideration, but there is no assurance his request will be granted. His request for reconsideration should not postpone nor delay the effectivity of the Court Resolution.
WHEREFORE, CHARLES A. CORPUS is hereby ordered to refrain from reporting to work, and all instructions to allow Corpus to continue working are overturned."
"A.M. No. 08-1-26-RTC (Re: Letter of James D. Balagtey, OIC, Clerk of Court, Regional Trial Court, Baguio City, Branch 4 seeking clarification on the effectivity of the termination of the provisional appointment of Charles A. Corpuz)
In a Resolution dated january 29, 2008, the Court resolved to drop from the service Charles A. Corpus who had a provisional appointment as Clerk III in the Regional Trial Court (RTC), Branch 4 in Baguio City. In the same Resolution, Corpus position was declared vacant.
On April 4, 2008, James D. Balagtey, Officer-in-Charge, Clerk of Court of Branch 4, wrote Supreme Court Clerk of Court Atty. Ma. Luisa D. Villarama, asking clarification if Corpus could ask for reconsideration of his termination. Balagtey also informed this Court that Vice Executive Judge Illuminada Cabato-Cortez allowed Corpus to continue reporting to work pending the resolution of his request for reconsideration. Balagtey seeks advice on the matter.
First, the provisional appointment of Corpus as Clerk III in Branch 4 became immediately effective upon receipt of the Court Resolution dated January 29, 2008 by Judge Amado S. Caguioa, Corpus, and Acting Clerk of Court Balagtey, all of whom were sent and apparently received copies of the Resolution. The Court Resolution is unequivocal that he was being dropped from the service; thus, he should have stopped reporting to work even as he awaits resolution of his request for reconsideration. Second, there is nothing that should stop Corpus from request reconsideration, but there is no assurance his request will be granted. His request for reconsideration should not postpone nor delay the effectivity of the Court Resolution.
WHEREFORE, CHARLES A. CORPUS is hereby ordered to refrain from reporting to work, and all instructions to allow Corpus to continue working are overturned."
Very truly yours,
MA. LUISA D. VILLARAMA
Clerk of Court
By:
(Sgd.) FELIPA B. ANAMA
Assistant Clerk of Court
MA. LUISA D. VILLARAMA
Clerk of Court
By:
(Sgd.) FELIPA B. ANAMA
Assistant Clerk of Court
