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[A.M. No. 02-6-163-MCTC.July 9, 2002]

RE: COMPLAINT FOR INSUBORDINATION AGAINST MORENO

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 9 2002.

A.M. No. 02-6-163-MCTC(Re:Complaint for Insubordination Against Vernon G. Moreno, Process Server, 3rd MCTC, Luuk, Sulu.)

This is a memorandum, dated June 17, 2002, of the Office of the Court Administrator, recommending the filing of a complaint for insubordination against Vernon G. Moreno, a process server detailed to the Regional Trial Court, Branch 13, Zamboanga City, on the ground that despite orders to him to immediately return to his official station in the Third Municipal Circuit Trial Court of Luuk, Sulu, he has refused to do so.

The records show that, upon his request, Mr. Moreno was detailed to the Regional Trial Court, Branch 13, Zamboanga City on October 28, 1991; that on February 24, 1998, Clerk of Court II Umpa B. Pangilan, Jr. of the Third MCTC of Luuk, Sulu requested the revocation of Moreno's detail on the ground that his services were needed by that court; and that acting upon the request, then Court Administrator Alfredo L. Benipayo revoked on May 22, 1998 the detail of Mr. Moreno and directed him to return to his official station effective immediately. However, Mr. Moreno failed to comply with the directive to him, prompting Clerk of Court II Umpa B. Pangilan, Jr. of the Third MCTC of Luuk, Sulu again to request on February 1, 2000 the return of Mr. Moreno to Luuk, Sulu.Pangilinan stated that he had been performing the duties of a process server as the rest of the court employees were females and the court "had been paralyzed" for the past Seven (7) years due to lack of a court process server.

In a second Memorandum, dated March 20, 2000, to Mr. Moreno sent through Judge Carlito Eisma, RTC, Br. 13, Zamboanga City, then Court Administrator Benipayo reiterated the directive to Mr. Moreno to return to his official station in Luuk, Sulu effective immediately. However, on May 23, 2000, Mr. Moreno sought reconsideration of the order, alleging that he had been in Zamboanga City for eight years, since 1992, and he no longer had any house in Sulu because of the critical peace and order situation; that his family had permanently resided in Zamboanga City; that his wife had a job and his children were enrolled in a school in Zamboanga City; that due to the abnormal situation of not having presiding judges in all levels of courts in Sulu, including the MCTC of Luuk, Sulu, these courts cannot function efficiently and that per monthly reports, no civil and criminal cases had been filed.

In a Memorandum, dated June 20, 2000, then Court Administrator Benipayo informed the Court of the revocation of Moreno's detail and recommended the denial of his request for reconsideration. The recommendation was approved on June 30, 2000. Still, Mr. Moreno failed to return to Luuk, Sulu so that on February 12, 2002, Acting Presiding Judge Abdulwahid M. Alpha directed Mr. Moreno to report to the Third MCTC, Luuk, Sulu. Instead of complying, Moreno filed another request for reconsideration, dated February 15, 2002, appealing to the Court Administrator for humanitarian considerations.

In a Memorandum, dated May 14, 2002, DCA Christopher Lock, with the approval of Court Administrator Presbitero Velasco, Jr., recommended that Mr. Moreno's request for his continued detail in RTC, Branch 13, Zamboanga City be denied; that Mr. Moreno be ordered to immediately report to his official station in the Third MCTC, Luuk, Sulu in the interest of the service; and that the OCA, through its Legal Office, be authorized to file a formal complaint for insubordination against Mr. Moreno for his continued failure to comply with the directives of the Supreme Court ordering him to return to his official station. The recommendation of the OCA was approved by this Court on May 23, 2002, but to this date, Mr. Vernon G. Moreno has not complied with the directive to him to return to Luuk, Sulu immediately.

The continued failure of Mr. Moreno to return to his official station in the Third MCTC, Luuk, Sulu borders on defiance of the orders of this Court and the OCA. Considering that his detail to the Regional Trial Court, Branch 13, Zamboanga City was temporary, made only to accommodate his request, and that his continued absence from his official station is detrimental to the public service, the Court RESOLVED to DIRECT for the last time Process Server Mr. Vernon G. Moreno to return to his official station in the Third Municipal Circuit Trial Court, Luuk, Sulu not later than September 2, 2002, otherwise, a formal complaint for insubordination or other appropriate charges will be filed against him as recommended by the Office of the Court Administrator.

The Office of the Court Administrator and Acting Presiding Judge Abdulwahid M. Alpha of the Third MCTC, Luuk, Sulu are hereby directed to report compliance by Mr. Moreno with this resolution.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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