Facts:

The case involves Constancia Benong-Linde (complainant) against Feladelfa L. Lomantas (respondent), a Social Welfare Officer II at the Office of the Clerk of Court, Regional Trial Court (RTC) of Tagbilaran City, Bohol. The complaint was filed on September 22, 2012, alleging abuse of authority, dishonesty, and conduct unbecoming of a court employee in relation to a custody case, SP Proc. No. 2853, concerning the minor children Mary Arianne Sarzuelo and Alec Joriz Sarzuelo. These minors were born out of wedlock to complainant's son, Archiles B. Linde, and his former girlfriend, Aloha Sarzuelo. After Archiles and Aloha separated, complainant took custody of the children, believing it was in their best interest.

On August 9, 2012, the RTC archived the custody case due to the failure to serve summons on Archiles, who was abroad. On April 30, 2012, at around 9:00 p.m., respondent visited complainant's home and insisted on conducting a case study on the minors, claiming t...

Facts:

1. Background of the Case:

   • Constancia Benong-Linde (complainant) filed a petition for custody of her grandchildren, Mary Arianne Sarzuelo and Alec Joriz Sarzuelo, who were born out of wedlock to her son, Archiles B. Linde, and his former girlfriend, Aloha Sarzuelo.
   • The custody case (SP Proc. No. 2853) was filed before the Regional Trial Court (RTC) of Tagbilaran City but was archived due to the failure to serve summons on Archiles, who was abroad.

2. Incidents Involving Respondent:

   • On April 30, 2012, respondent Feladelfa L. Lomantas, a Social Welfare Officer II, went to complainant’s house and forcibly took the children, claiming she needed to conduct a case study. She allegedly stated that the success of the case depended on "the tip of her ballpen."
   • On September 8, 2012, respondent again attempted to force complainant and the children into her car. Later, at a church, respondent, along with Aloha and others, forcibly took Mary. Complainant was pushed out of the car, causing her to fall.
   • On September 19, 2012, respondent accompanied Aloha to Mary’s school to obtain her school records, boasting that no one could file a case against her because she was a court employee.

3. Respondent’s Defense:

   • Respondent denied the allegations, claiming she was merely present at the church coincidentally and that she advised the parties to resolve their issues peacefully. She also denied making arrogant statements.

4. Investigation and Affidavit of Desistance:

   • Complainant filed an administrative complaint against respondent but later executed an Affidavit of Desistance, stating she had forgiven respondent and no longer wished to pursue the case.
   • Despite the desistance, the investigating judge proceeded with the investigation, finding respondent’s actions improper and biased.

Issue:

1. Whether respondent Feladelfa L. Lomantas is guilty of abuse of authority, dishonesty, and conduct unbecoming a court employee.
2. Whether the Affidavit of Desistance filed by the complainant warrants the dismissal of the administrative case.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)