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[A.M. RTJ-98-1424.November 20, 2001]

ROMULO MADREDIJO ET AL. vs. JUDGE LAYAO, JR.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 20 2001.

A.M. RTJ-98-1424 (Romulo Madredijo et al. vs. Judge Leandro T. Layao, Jr.)

Before us is a Motion for Reconsideration filed by Respondent Judge Leandro T. Layao, Jr. praying for the cancellation of the accessory administrative penalty of "x x x forfeiture of all retirement benefits and leave credits x x x" imposed by this Court when it dismissed the respondent from the service in its October 13, 1999 Decision.The dispositive portion of the said Decision is quoted as follows:

"WHEREFORE, Respondent Leandro T. Loyao is hereby DISMISSED from the service, with forfeiture of all retirement benefits and leave credits and with prejudice to reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations."

On September 11, 2001, this Court in A.M. No. 01-8-10-SC resolved to amend Rule 140 of the Rules of Court regarding the discipline of justices and judges, pertinent provisions of which are reproduced hereunder:

"SEC. 11. Sanctions.-- A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:

"1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporation.Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;

"2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or

"3. A fine of more than P20,000.00 but not exceeding P40,000.00."

Pursuant to the aforecited provision, that "the forfeiture of benefits shall in no case include accrued leave credits," the Court hereby RESOLVES to partially grant the aforesaid Motion for Reconsideration by canceling from the dispositive portion of the October 13, 1999 Decision the phrase "and leave credits," which respondent may now be entitled to.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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