Title
Gubatanga vs. Bodoy
Case
A.M. No. P-16-3447
Decision Date
Apr 19, 2016
A clerk of court files a complaint against a utility worker for grave misconduct and falsification of commercial documents after discovering an unauthorized withdrawal from their court's savings account, leading to the utility worker's dismissal from service and perpetual disqualification for re-employment in government service.
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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

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