Case Digest (A.M. No. P-09-2686)
Facts:
- Juliana Y. Bengson, a legal researcher, was found guilty of conduct prejudicial to the best interest of the service.
- The complaint was filed by Priscilla L. Hernando.
- Bengson offered her services to facilitate the transfer of land papers at the Bureau of Internal Revenue (BIR).
- Hernando argued that Bengson's actions were conduct prejudicial to the best interest of the service and sought restitution of PHP 76,000.00 that she had given to Bengson.
Issue:
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Ruling:
- Bengson was found guilty of conduct prejudicial to the best interest of the service.
- The court modified the penalty imposed on Bengson and ordered her suspension for six months and one day without pay.
- Bengson...(Unlock)
Ratio:
- An administrative offense constitutes misconduct when it has a direct relation to and is connected with the performance of the official duties of the one charged.
- Bengson's act of offering her services to facilitate the transfer of land papers at the BIR had a direct relation to her official duties as a legal rese...continue reading
Case Digest (A.M. No. P-09-2686)
Facts:
The case of Hernando v. Bengson involves Juliana Y. Bengson, a legal researcher at the Regional Trial Court (RTC) Branch 104 in Quezon City. Priscilla L. Hernando filed a complaint against Bengson, accusing her of offering services to facilitate the transfer of land papers at the Bureau of Internal Revenue (BIR). Hernando claimed that Bengson's actions were conduct prejudicial to the best interest of the service. Hernando also sought restitution of the amount of P76,000.00 that she had given to Bengson.
Issue:
The main issue in this case is whether Juliana Y. Bengson's actions constitute conduct prejudicial to the best interest of the service.
Ruling:
The Court affirmed the findings of Bengson's complicity in the failed titling of Hernando's property. The Court based its decision on the report of the Executive Judge who investigated the case and the recommendation of the Office of the Court Administrator (OCA). However, the Court reconsidered the penalty imposed on Bengson following the ruling in Largo v. Court of Appeals.
Ratio:
In Largo v. Court of Appeals, it was explained that an administrative offense constitutes misconduct when it has a direct relat...