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[A.M. No. P-96-1221.July 9, 2002]

JUDGE ANGELES vs. GERNALE, JR.

EN BANC

Gentlemen:

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

����������� A.M. No. P-96-1221(Judge Adoracion C. Angeles, RTC, Branch 121, Kalookan City vs. Pablo C. Gernale, Jr., Deputy Sheriff, RTC, Branch 121, Kaloocan City.)

In its decision promulgated on June 19, 1997, this Court found respondent Pablo C. Gernale, Jr., formerly deputy sheriff of the Regional Trial Court, Branch 121, Kaloocan City, guilty of improper solicitation and grave misconduct and ordered his dismissal from the service with forfeiture of all leave credits and retirement benefits and with prejudice to re-employment in any branch of the government, including government-owned or controlled corporations.

Respondent now requests in a letter, dated February 14, 2002, that he be allowed to receive the commutation of his accumulated leave credits. He states that he is jobless and that he and his family survive on the benevolence of relatives. He has three children, all of whom he cannot now support in their studies because of his jobless state.

In a memorandum, dated March 5, 2002, the Office of the Court Administrator recommends the granting of respondent's request for the payment of his accrued leave credits from January 24, 1977 when he started his service in the judiciary as a stitcher to his dismissal effective June 19, 1997.

The Court finds the recommendation well taken. In Benitez v. Acosta, Min. Res., A.M. No. P-01-1473, June 25, 2002, the Court in the spirit of compassion granted the plea for clemency of respondent by excluding from the order of forfeiture respondent's accrued leave credits (See Castillo v. Calanog, 239 SCRA 268 (1994), Meris v. Ofilada, A.M. No. RTJ-97-1390, and Hernandez v. Ofilada, A.M. No. RTJ-98-1411, October 17, 2001). A similar action was taken in Re: Undated Letter with the Heading "Expos�" of a Concerned Mediaman on the Alleged Illegal Acts of Judge C. Ocampo III of the MTCC, Branch 1, Naga City and Clerk of Court Renato C. San Juan, MTCC, Naga City, Min. Res., A.M. No. 00-10-230-MTCC, May 28, 2002, following the decisions in Fojas, Jr. v. Rollan, A.M. No. P-00-1384, February 27, 2002, and In re Olivas and Cuyco, A.M. No. CA-02-12-P, May 2, 2002, in which this Court excluded from its order of forfeiture leave credits of the dismissed judicial employees. The decisions in these cases are in line with Memorandum Circular No. 14, s. 1999 of the Civil Service Commission, Sec. 65 of which states:

����������� Effect of decision in administrative cases. - An official or employee WHO HAS BEEN PENALIZED WITH DISMISSAL FROM THE SERVICE IS LIKEWISE NOT BARRED FROM ENTITLEMENT TO HIS TERMINAL LEAVE BENEFITS.

ACCORDINGLY, the Court RESOLVED to GRANT the request of Pablo C. Gernale, Jr. by excluding from the order of forfeiture in its decision of June 19, 1997 his accrued leave credits. For this purpose, the Administrative Division of the Supreme Court shall determine the leave credits of Pablo C. Gernale, Jr.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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