Title
Edano vs. Gonzales-Asdala
Case
A.M. No. RTJ-06-1974
Decision Date
Mar 19, 2013
Judge Fatima Gonzales-Asdala is dismissed for insubordination and gross misconduct, forfeiting all benefits, with her appeals for mercy and retirement benefits denied by the Supreme Court.
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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

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