Title
Balisi-Umali vs. Penalosa
Case
A.M. No. P-99-1326
Decision Date
Nov 18, 1999
Judge reprimanded utility worker for gross discourtesy after a heated confrontation over missing supplies; fined P3,000 with a warning.
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Case Digest (A.M. No. P-99-1326)

Facts:

  1. Incident on May 8, 1998:

    • Judge Marivic T. Balisi-Umali, Presiding Judge of Branch 30, San Pablo City RTC, was in the staff room correcting drafts and signing orders.
    • Stenographer Leonila V. Buena reported that two bottles of cleanser and three bars of laundry soap were missing from the delivered supplies, despite being listed as received by respondent Sixto A. PeAaloza, a utility worker.
    • When questioned, PeAaloza responded in a loud and angry tone, arguing with the Judge and raising his voice disrespectfully.
    • The confrontation escalated, with PeAaloza menacingly approaching the Judge and using offensive language.
  2. Previous Disciplinary Issues:

    • Complainant attached three memoranda addressed to PeAaloza regarding disciplinary matters:
      • Failure to attend the flag ceremony.
      • Habitual absence from work.
      • Non-observance of official working hours.
  3. Investigation and Response:

    • The Office of the Court Administrator (OCA) directed an investigation.
    • PeAaloza admitted his misdeed in a counter-affidavit but claimed he did not intend disrespect and apologized.
    • Complainant forgave PeAaloza but did not withdraw the charges and requested his transfer.
  4. Recommendation by Judge Reyes:

    • Judge Reyes found PeAaloza guilty of gross discourtesy and recommended a three-month suspension with a warning for future offenses.

Issue:

  1. Whether respondent Sixto A. PeAaloza is guilty of gross discourtesy, insubordination, and acts unbecoming of a civil servant.
  2. Whether the recommended penalty of suspension is appropriate.

Ruling:

The Supreme Court found respondent Sixto A. PeAaloza GUILTY of gross discourtesy in the course of official duties. He was fined P3,000.00, with a warning that a repetition of the same offense would be dealt with more severely.

Ratio:

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