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[A.M. No. P-94-1080.November 27, 2001]

AMANE vs. ATTY. SUSAN MENDOZA-ARCE

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 27 2001.

A.M. No. P-94-1080(Dinah Christina A. Amane vs. Atty. Susan Mendoza-Arce.)

A.M. No. P-95-1128(Atty. Susan Mendoza-Arce vs. Anita B. Duran, Johnel C. Arches and Atty. Esperanza Isabel E. Poco-Deslate.) and

A.M. No. P-95-1144(Atty. Esperanza Poco-Deslate vs. Atty. Susan M. Arce.)

In a Decision dated November 19, 1999, this Court found Atty. Susan Mendoza-Arce, respondent, guilty of grave misconduct, oppression and conduct prejudicial to the best interest of the service, and imposed upon her the penalty of dismissal from the service, forfeiture of all benefits and benefits and privileges and disqualification for re-employment in the government, including government, owned and controlled corporation.

On December 14, 1999, respondent filed a motion for reconsideration but was denied by this Court in a Resolution dated February 8, 2000.

On March 28, 2000, respondent filed another motion for reconsideration but was again denied in a Resolution dated June 20, 2000.

Undeterred, respondent filed the present motion for reconsideration, "entreating this Honorable Court to bestow upon her its utmost compassion and understanding by diminishing the stringent application of disciplinary rules." 1 Motion for Reconsideration. She implores this Honorable Court to consider her dedicated service in the judicial branch of the government for the last sixteen years.She claims that her obstinate desire to cling to her position is spurred by her concern for her children who will bear the stigma of "her fall from grace."She admits that while she may have been stubborn in her ways, she "has changed for the better" over the years.She also states that learning from experience, she "became more circumspect in her dealings" with her co-employees.Moreover, in her hope that "her reformation will be taken kindly by this Court," she extends "her most sincere apology" and manifests her determination to observe courtesy, understanding and respect.She prays that her penalty of dismissal imposed upon her be reversed and set aside and another judgment be rendered reinstating her to her former position, restoring all benefits to her and lifting her disqualification to be employed in the government service.

We partially grant the motion.

This Court is not only a court of law and of justice, but one with compassion. 2 Torralba vs. Court of Appeals, G.R. No. 124526, October 2, 1996. Respondent's earnest plea for understanding impels us to take a second look at her case.Upon a re-examination of the circumstances which led to the filing of the charges against respondent, we find that justice would be better served if the penalties imposed upon her be reconsidered in view of some mitigating factors present in this case.

Respondent was dismissed from the service as Clerk of Court, not because of dishonesty, corruption or lack of integrity in the performance of her official duties.The charge for grave misconduct and oppression against her arose from her being very strict in the management of work and personnel, believing that her performance was proper and in the interest of the service.Thus, her aim was noble to improve the quality of service to the public.Unfortunately, her manner in achieving this goal exceeded the proper standards of decorum.She has realized her misdeeds.We see her contrite heart and her utmost sincerity for reformation as she expressed her appeal in this wise:

"It is x x x respondent's ardent desire to convey herein that the matters for which she was charged happened some five years ago. x x x. The cases came about because respondent waged a 'crusade' in her relentless desire to improve the quality of service in the judicial branch where she was employed.She admits that she was rigid in her means to rid the court of inefficiency and lack of integrity.However, her motives were never dishonorable.Respondent does not seek to justify or diminish her responsibility, she merely wishes to emphasize the circumstances surrounding her case in its proper perspective.

"When the unreasonable display of passions attendant to the adversarial proceedings subsided, respondent voluntarily mended her attitude, demeanor and countenance.She adopted a friendly disposition, even temperament and quiet attitude and she pursued greater dedication to and love for her work.True, in the past she lacked the tact in dealing with her co-employees but her record for the last five years shows a marked improvement in her relations with everyone.Manifesting her loyalty and devotion to the continual improvement of public service, respondent carried her very strong desire to contribute her humble share to the speedy, inexpensive and efficient dispensation of justice as well as in upholding the integrity and dignity of the court.

"Attesting to these changes are the recent experiences of people with whom she dealt although they may seem unrelated to her past conduct.Respondent believes that their statements manifest the quality of her service which may be used as lenses in looking into her complex character not only as a lawyer, public servant and working mother but as a human being capable of surpassing the repulsive reflection that may have been created by the contending parties in these cases.Though it may appear immodest, respondent submits the following affidavits of disinterested persons who described her conduct as the Clerk of Court for the Regional Trial Court of Roxas City, which are hereto attached as Annexes "1" to "4":

1. Ms. Fe Gomez-Villaruz, editor, the Capiz Times, Roxas City;

2. Mr. Wilfredo A. Mana-ay, branch head, Development Bank of the Philippines, Roxas City;

3. Atty. Lyna Brotarlo-Pasco, Senior Assistant Manager/Legal Counsel, Philippine National Bank, Roxas City; and

4. Ms. Victoria Regina N. Arches, Managing Director, GRF-HUBLAG, Roxas City.

"In addition, the letter of Atty. Hector P. Teodisio, as well as the commendation given by Justice Alfredo Benipayo, the Court Administrator, to respondent are hereto attached as Annexes "5" and "6", respectively.

"Respondent hopes that the foregoing testimonials would also enable this Honorable Court to consider respondent's situation with a more clement and sympathetic eye. 3 Ibid, pp. 5-6.

We observe that respondent's dismissal from the service stemmed from flaws in her personality, which she admits.The integrity of her performance in office is never an issue.On the contrary, she has been regarded as an exemplary public servant as attested by some persons she professionally dealt with.

Fe G. Villaruz, Editor of The Capiz Times, stated in her affidavit dated February 8, 2000 that through the years, she has been dealing with respondent in charge of the publication of legal notices.She regards respondent to be cordial, professional and a public servant who can help eliminate corruption in public service.Thus, for the Capiz Times' anniversary, she was one of the awardees for exemplary public service.

Wilfredo A. Mana-ay, Head of the Roxas City Branch of the Development Bank of the Philippines, and Lyna Brotarlo-Pasco, Senior Assistant Manager, Philippine National Bank, Roxas City Branch, stated in their respective affidavits that in extrajudicial foreclosure cases, respondent was prompt in the implementation of the processes of the court.She saw to it that the deputy sheriffs charge only reasonable sheriff's fees which before were excessive.They commended respondent as "one public servant that is now badly needed by our judicial agency to help eradicate corrupt practices."

In a letter dated September 28, 1998, Victoria Regina N. Arches, Managing Director of Gerry Roxas Foundation, thanked respondent for her prompt enforcement of a writ of preliminary attachment which paved the way for the grant of livelihood and financial assistance to deserving entrepreneurs, small farmers, fisherman and poor clients.

On May 28, 1999, then Court Administrator Alfredo L. Benipayo commended respondent for her efficiency in the expeditious service of summons after he received a letter from plaintiff's counsel in Civil Case No. C-7259 (Coca-Cola Bottlers Phils., Inc. versus Spouses Pedro Calle and Lorna Calle), expressing appreciation for such outstanding service.

These laudable attestations of respondent's incorruptible service cannot simply be brushed aside.Through her commendable performance, the integrity of the judiciary has in fact been enhanced.

Aside from the fact that respondent has humbly acknowledged her transgressions and offered her most sincere apology, 4 OCA vs. Panganiban, 277 SCRA 499, 505 (1997). records show that she has rendered dedicated service in the judiciary for sixteen (16) years 5 Sec. 53, Revised Uniform Rules on Administrative Cases in the Civil Service.These are cogent factors warranting a reduction of the disciplinary sanctions.

In Tolentino vs. Mangapit, 6 124 SCRA 741 (1983). this Court ruled that the failure of a lawyer to give notice of an adverse decision to her client may be traced to her inexperience.Considering that this was her first error, this court merely admonished her.The one month suspension recommended by the Solicitor General was rejected being too harsh and severe.

In the instant case, we apply the same compassionate stance thus taken by this Court.While we cannot tolerate irate acts in the public service, we, however, cannot ignore the plea of a court officer who, humbled by this Court's sanction, has not only learned, but more importantly, has reformed her ways.This, to our minds, warrants the lifting of the penalty of perpetual disqualification for re-employment in the government owned and controlled corporations.

We also delete the penalty of forfeiture of all her benefits and privileges.Sec. 58(a), Rule IV of Memorandum Circular No. 19, Series of 1999 of the Civil Service Commission provides:

"Sec. 58.The penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture of retirement benefits, and the perpetual disqualification for reemployment in the government service, unless otherwise provided in the decision."

Evidently, respondent's accrued leave credits should not have been forfeited.

WHEREFORE, our Decision is hereby MODIFIED.Respondent Susan M. Arce is GRANTED her accrued leave credits and the order disqualifying her to be re-employed in the government, including government owned and controlled corporations, is LIFTED.Bellosillo, J., no part.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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