Case Digest (A.M. No. P-16-3447)
Facts:
- Clerk of Court Lualhati C. Gubatanga filed a complaint against Utility Worker Renato V. Bodoy of the Municipal Trial Court (MTC) of Balagtas, Bulacan.
- The complaint alleges that Bodoy committed grave misconduct and falsification of commercial documents.
- Gubatanga discovered an unauthorized withdrawal of Php60,000.00 from their court's savings account, which was later found to have been received by Bodoy.
- Gubatanga and the acting presiding judge were the only authorized officers to withdraw from the court's bank account.
- Bodoy admitted to making the unauthorized withdrawal and explained that he inserted an extra withdrawal slip among the others to avail of their signatures.
- Gubatanga dismissed Bodoy's explanation and accused him of falsifying her signature.
- The case was referred to the Executive Judge of the Regional Trial Court (RTC) for investigation.
Issue:
- (Unlock)
Ruling:
- Bodoy is found guilty of dishonesty but not grave misconduct.
- The court agrees with the recommendation of the Office of the Court Administrator (OCA) that Bodoy should be dismissed from service with forfeiture of retirement benefits, except accrued leave credits, and with perpetual disqualification for re-employment in government service.
- The court emphasizes that dis...(Unlock)
Ratio:
- The court's ruling is based on Bodoy's admission of making the unauthorized withdrawal and the evidence provided by Gubatanga and the bank.
- Dishonesty is defined as the disposition to lie, cheat, deceive, or defraud, lack of integrity, and lack of honesty.
- Persons involved in the dispensation of justice must live up to the strictest standards of integrity, probity, u...continue reading
Case Digest (A.M. No. P-16-3447)
Facts:
The case of Gubatanga v. Bodoy involves an administrative complaint filed by Clerk of Court Lualhati C. Gubatanga against Utility Worker Renato V. Bodoy, both of the Municipal Trial Court (MTC) of Balagtas, Bulacan. The complaint alleges grave misconduct and falsification of commercial documents against Bodoy. COC Gubatanga discovered an unauthorized withdrawal of Php60,000.00 from their court's savings account, which was traced back to Bodoy. COC Gubatanga reported the incident to the bank and filed a criminal complaint against Bodoy. Bodoy admitted to the unauthorized withdrawal and explained that he inserted an extra withdrawal slip among the others to avail of the signatures of COC Gubatanga and Judge Reyes. COC Gubatanga dismissed Bodoy's explanation and maintained that he falsified her signature. Judge Reyes also denied signing the withdrawal slip and claimed that his signature was forged.
Issue:
The main issue raised in the case is whether or not Utility Worker Renato V. Bodoy should be dismissed from service for grave misconduct and falsification of commercial documents.
Ruling:
The Supreme Court agreed with the rec...