December 2010 - Philippine Supreme Court Resolutions
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[A.M. No. P-10-2782 : December 13, 2010] SPS. RICARDO AND LOURDES PRESTO V. SAMUEL G. TRINIDAD, COURT INTERPRETER III, REGIONAL TRIAL COURT, BRANCH 19, DIGOS CITY :
[A.M. No. P-10-2782 : December 13, 2010]
SPS. RICARDO AND LOURDES PRESTO V. SAMUEL G. TRINIDAD, COURT INTERPRETER III, REGIONAL TRIAL COURT, BRANCH 19, DIGOS CITY
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 13 December 2010 which reads as follows:
A.M. No. P-10-2782 (Sps. Ricardo and Lourdes Presto v. Samuel G. Trinidad, Court Interpreter III, Regional Trial Court, Branch 19, Digos City). � Acting on the complaint of spouses Ricardo and Lourdes Presto against respondent Samuel G. Trinidad for conduct unbecoming a court employee, relative to an incident, wherein respondent furiously confronted complainants by brandishing and poking his gun while hurling invectives at them, and firing it over their heads in complete disregard of their safety, this Court issued a Resolution on February 22, 2010, adopting and approving the findings of fact, conclusions of law, and recommendation of the Office of the Court Administrator. Accordingly, we resolved to: "1) RE-DOCKET the complaint as a regular administrative matter; and 2) HOLD respondent GUILTY of Simple Misconduct and SUSPEND him WITHOUT PAY for one (1) month and one (1) day, with a STERN WARNING that a repetition of the same or similar offense shall be dealt with more severely."
In a letter dated September 3, 2010, respondent informs the Court that he has already retired from the government service as of February 10, 2010, upon reaching the compulsory retirement age of sixty five (65) years. He likewise explains that all the necessary documents have been submitted for his retirement claims and benefits. With these, he requests that a penalty of fine be imposed, in lieu of suspension, which shall be deducted from his retirement benefits.
Considering that respondent has already retired from government service, the imposition of the penalty of suspension had been rendered inappropriate. Hence, we grant respondent's request and impose the penalty of fine, in lieu of suspension, to be deducted from his retirement benefits.
WHEREFORE, premises considered, we MODIFY this Court's Resolution dated February 22, 2010 by imposing upon respondent Samuel G. Trinidad the penalty of fine, in lieu of suspension, equivalent to his salary for one (1) month and one (1) day, to be deducted from his retirement benefits.
SO ORDERED.
A.M. No. P-10-2782 (Sps. Ricardo and Lourdes Presto v. Samuel G. Trinidad, Court Interpreter III, Regional Trial Court, Branch 19, Digos City). � Acting on the complaint of spouses Ricardo and Lourdes Presto against respondent Samuel G. Trinidad for conduct unbecoming a court employee, relative to an incident, wherein respondent furiously confronted complainants by brandishing and poking his gun while hurling invectives at them, and firing it over their heads in complete disregard of their safety, this Court issued a Resolution on February 22, 2010, adopting and approving the findings of fact, conclusions of law, and recommendation of the Office of the Court Administrator. Accordingly, we resolved to: "1) RE-DOCKET the complaint as a regular administrative matter; and 2) HOLD respondent GUILTY of Simple Misconduct and SUSPEND him WITHOUT PAY for one (1) month and one (1) day, with a STERN WARNING that a repetition of the same or similar offense shall be dealt with more severely."
In a letter dated September 3, 2010, respondent informs the Court that he has already retired from the government service as of February 10, 2010, upon reaching the compulsory retirement age of sixty five (65) years. He likewise explains that all the necessary documents have been submitted for his retirement claims and benefits. With these, he requests that a penalty of fine be imposed, in lieu of suspension, which shall be deducted from his retirement benefits.
Considering that respondent has already retired from government service, the imposition of the penalty of suspension had been rendered inappropriate. Hence, we grant respondent's request and impose the penalty of fine, in lieu of suspension, to be deducted from his retirement benefits.
WHEREFORE, premises considered, we MODIFY this Court's Resolution dated February 22, 2010 by imposing upon respondent Samuel G. Trinidad the penalty of fine, in lieu of suspension, equivalent to his salary for one (1) month and one (1) day, to be deducted from his retirement benefits.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court