Case Digest (A.M. No. RTJ-06-1974)
Facts:
- Carmen P. EdAao filed a complaint against Judge Fatima Gonzales-Asdala and stenographer Myrla del Pilar Nicandro.
- The Supreme Court En Banc rendered a decision on March 19, 2013.
- Judge Asdala was found guilty of insubordination and gross misconduct in a decision dated July 26, 2007, resulting in her dismissal from service.
- The dismissal included forfeiture of all salaries, benefits, and leave credits.
- Judge Asdala submitted a letter on August 17, 2007, requesting leniency and a chance to redeem herself after nearly 25 years of service.
- A second letter on September 10, 2007, reiterated her plea to remain in service until age 60.
- The Court treated her first letter as a Motion for Reconsideration, which was denied on September 11, 2007, although she received monetary compensation for accrued sick and vacation leaves.
- Subsequent letters continued to plead for reconsideration and the return of retirement benefits, especially after her husband's death.
- The Court denied her second Motion for Reconsideration on November 29, 2011, stating she waived her right to contest her dismissal.
- In 2012, she requested half of her forfeited retirement benefits and the return of her GSIS contributions, leading to further deliberations.
- The Court concluded that her requests were attempts to evade the final judgment, resulting in the March 19, 2013 resolution denying her third Motion for Reconsideration.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Judge Asdala's requests for reconsideration of her dismissal with finality.
- The Court ruled that she was not entitled to the return of h...(Unlock)
Ratio:
- The Supreme Court emphasized the finality of its previous rulings, stating that Judge Asdala had exhausted her options for reconsideration.
- Her repeated attempts to seek relief through letters were deemed an abuse of judicial processes, as they were essentially disguised m...continue reading
Case Digest (A.M. No. RTJ-06-1974)
Facts:
The case involves Carmen P. EdAao as the complainant against Judge Fatima Gonzales-Asdala and stenographer Myrla del Pilar Nicandro, with the decision rendered by the Supreme Court En Banc on March 19, 2013. The events leading to this case began with a decision dated July 26, 2007, where the Supreme Court found Judge Asdala guilty of insubordination and gross misconduct, leading to her dismissal from service. The decision included the forfeiture of all her salaries, benefits, and leave credits. Following her dismissal, on August 17, 2007, Judge Asdala submitted a letter to then Chief Justice Reynato S. Puno, pleading for leniency and requesting a chance to redeem herself, citing her nearly 25 years of service. Before the Court could respond, she sent another letter on September 10, 2007, again asking for a chance to prove her worth and to remain in service until she turned 60. The Court treated her first letter as a Motion for Reconsideration, which was denied with finality on September 11, 2007, although it granted her the monetary equivalent of her accrued sick and vacation leaves. Subsequent letters from Judge Asdala continued to plead for reconsideration of her dismissal and for the return of her retirement benefits, especially after the death of her husband. The Court denied her second Motion for Reconsideration on November 29, 2011, stating that sh...