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[A.M. No. 2001-1-SC / 2001-2-SC.October 2, 2002]

DE JOYA & CANTANO vs. BALUBAR

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 02 OCT 2002.

A.M. No. 2001-1-SC / 2001-2-SC(Marilyn I. Be Joya and Dennis B. Cantano vs. Elsa T. Balubar, SC Supervising Judicial Staff Officer, Checks Disbursement Division, FMBO.)

This resolves the motion for reconsideration, filed by respondent Elsa T. Balubar, of the September 3, 2002 Resolution of the Court finding her guilty of gross misconduct and imposing upon her the penalty of fine of Ten Thousand Pesos (P10,000.00) with stern warning that a repetition of the same or similar offense will be dealt with more severely.

In the present recourse, respondent does not question her culpability. She, however, prays that her penalty of P10,000.00 fine be reduced to P5,000.00. We find merit in the motion for reconsideration. In the cited case of Baniqued v. Rojas (342 SCRA 1 [2000]), we similarly found respondent guilty of grave misconduct and slander but fined him the amount of P5,000.00.

ACCORDINGLY , the Resolution dated September 3, 2002 is MODIFIED. Respondent Elsa T. Balubar is ordered to pay a fine in the reduced amount of Five Thousand Pesos (P5,000.00). The said Resolution is AFFIRMED in all other respects.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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