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[ A.M. No. P-92-670. September 6, 1999]

ANTONINO vs. GASPAR (Interpreter)

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information is a resolution of this court dated SEPT 6 1999.

A.M. No. P-92-670 (Remedios Antonino vs. Eleazar Gaspar (Interpreter).)

Before us is a motion for clarification filed by respondent Eleazar Gaspar asking if he is entitled to receive his loyalty pay, bonuses and other fringe benefits which were denied him during the pendency of the administrative complaint that Remedios Antonino filed against him.

To provide a background for this case, on January 31, 1992, Remedios Antonino filed a complaint against Eleazar Gaspar which arose from an unwarranted remark from Eleazar Gaspar which resulted in a heated argument between the two. Remedios Antonino charged Eleazar Gaspar with conduct unbecoming of court employee, intriguing against honor, less serious physical injuries and acts of lasciviousness.

Judge William Bayhon who investigated the case recommended that the respondent Gaspar be suspended for five (5) days without salary. However, this Court in a resolution dated January 13, 1999, did not agree with the recommendation and instead admonished Gaspar to be more prudent and tactful in his official conduct. The case was declared closed and terminated.1 [Rollo, Resolution, pp. 595-598.]

The respondent Eleazar Gaspar is now asking the Court to clarify if he is entitled to his benefits such as loyalty pay, bonuses and other fringe benefits, and if the resolution of admonition is a penalty that carries with it forfeiture of his benefits.

The resolution of the Court is clear that the respondent Eleazar Gaspar is admonished to be more tactful in his official conduct. There is no mention of forfeiture of his benefits. Therefore, such benefits may be given to him.

DAVIDE, JR., C.J . and CHAIRMAN, is on official leave.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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