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[A.M. No. P-93-985.� March 18, 2003]
BUCATCAT vs. BUCATCAT
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAR 18 2003 .
A.M. No. P-93-985 (Marta Bucatcat vs. Edgar Bucatcat and Gene Jaro.)
Before us is the motion for Reconsideration filed by Edgar Y. Bucatcat, respectfully seeking modification of our Decision [1] cralaw dated January 28, 2000, where we disposed:
WHEREFORE, respondent Edgar Y. Bucatcat and Gene S. Jaro Are Dismissed from the service, with forfeiture of all retirement benefits and accrued leave credits and with prejudice to reemployment in any branch or instrumentality of the government, including any government-owned and controlled corporations. Let a copy of this Decision be appended to respondents' 201 files.
SO ORDERED. [2] cralaw
Movant Bucatcat specifically prays that we declare him entitled to the monetary equivalent of his accrued leave credits.
He cites the case of Madredijo, et al. v. Judge Leandro T. Loyao, Jr., [3] cralaw where we gave due course to the Motion for Reconsideration of respondent Judge Loyao, excluding the respondent judge's leave credits from forfeiture. Reconsideration was anchored on the amended Rule 140 of the Rules of Court, embodied in A.M. No. 01-8-10-SC.
Movant prays that, although the aforesaid Rule expressly applies only to the discipline of Justices and judges, the beneficial effects of such amendment be made to apply to his case.
Upon careful review of the pertinent laws and jurisprudence on the matter, we find the motion impressed with merit.
In support of the reconsideration sought is Section 65 of Civil Service Commission Resolution No. 99-1885, dated September 11, 1999, which states that "An official or employee WHO HAS BEEN PENALIZED WITH DISMISSAL FROM THE SERVICE IS LIKEWISE NOT BARRED FROM ENTITLEMENT TO HIS TERMINAL LEAVE BENEFITS."
We note in movant's favor, his manifestation that: (1) he has immensely suffered from the effects of the Decision against him; (2) allowing him to collect the money-equivalent of his accrued leave credits would help keep him afloat in his present financial difficulties; and (3) the fact that he has served the judiciary for more than a decade before his dismissal was ordered.
Moreover, in the case of Civil Service Commission v. Sta. Ana, [4] cralaw we exercised compassionate justice and allowed a court personnel to claim his accrued leave credits.
ACCORDINGLY, the instant Motion for Reconsideration is GRANTED. Our Decision dated January 28, 2000 is MODIFIED to the extent that Edgar Y. Bucatcat is declared entitled to the monetary equivalent of his accrued leave credits.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
Endnotes:
[1] cralaw Per Curiam.
[2] cralaw Decision, p. 13.
[3] cralaw A.M. RTJ-98-1424, November 20, 2001.
[4] cralaw A.M. No. OCA-01-5, December 17, 2002.
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