Case Digest (A.M. No. CA-23-001-P)
Facts:
Court of Appeals v. Garry U. Caliwan, Edmundo T. Malit, and Frederick C. Mauricio, A.M. No. CA-23-001-P [Formerly JIB FPI No. 22-013-CA-P], January 30, 2024, Supreme Court En Banc, Per Curiam.On June 28, 2022, the Court of Appeals (CA) conducted a random drug test in which Garry U. Caliwan, Edmundo T. Malit, and Frederick C. Mauricio (collectively, respondents) tested positive for methamphetamine hydrochloride, as confirmed by Labtox Analytical Laboratory, Inc., an accredited facility. The CA’s Committee on Ethics and Special Concerns recommended that all three be held administratively liable for Grave Misconduct and be dismissed; for Mauricio, who had applied for early retirement, the Committee recommended forfeiture of retirement benefits and perpetual disqualification instead of dismissal.
By Letter dated October 7, 2022, Presiding Justice Remedios A. Salazar-Fernando transmitted the CA’s records to the Judicial Integrity Board (JIB). The JIB’s Office of the Executive Director (OED) required respondents to file comments. Caliwan and Mauricio admitted drug use and sought leniency (Caliwan citing an otherwise exemplary record; Mauricio citing 22 years of service). Malit failed to file a comment despite extensions, and the OED deemed the matter submitted for resolution.
In its Report and Recommendation dated March 16, 2023, the OED found respondents guilty of Use of Illegal Drugs or Substances and recommended dismissal for Caliwan and Malit and forfeiture of retirement benefits for Mauricio. The JIB adopted the OED’s recommendations in its August 4, 2023 Report. The records also show respondents previously tested positive for shabu on August 31, 2017 and thereafter completed a community-bas...(Subscriber-Only)
Issues:
- Should respondents be held administratively liable for the Use of Illegal Drugs or Substances? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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