Case Digest (A.M. No. P-08-2469, 08-2857-P)
Facts:
- The case involves Erlina P. Jolito (complainant) and Marlene E. Tanudra (respondent), a Court Stenographer II at the Municipal Trial Court in Cities (MTCC) in Victorias City, Negros Occidental.
- The complaint was filed on June 2, 2006, alleging grave misconduct against Tanudra.
- In April 1995, Jolito purchased two parcels of land from the Heirs of Emilia Vda. de Zaldarriaga in Cadiz City, Negros Occidental.
- In February 2005, Jolito sought help from her nephew, Voltaire Jolito, and his friend, George E. Gareza, a Sheriff at the MTCC, for transferring the land titles to her name.
- Gareza introduced Jolito to Tanudra, who claimed expertise in legal processes for property title transfers.
- In May 2005, Jolito paid Tanudra PhP20,000.00 for processing the titles.
- After more than a year without updates, Jolito confronted Tanudra, who claimed she was still working on the transfer.
- Jolito sent three demand letters between February and April 2006 for the return of her money and documents but received no response.
- On May 15, 2006, Gareza executed an affidavit supporting Jolito's claims, stating no application for transfer had been filed.
- Tanudra denied the allegations, claiming they were fabricated and asserted that part of the money was borrowed by Gareza.
- The case was referred to Executive Judge Felipe G. Banzon for investigation, revealing that the land was still registered under a different owner and no application for transfer had been filed.
- Judge Banzon recommended administrative proceedings against both Tanudra and Gareza for grave misconduct and gross dishonesty.
- The Office of the Court Administrator (OCA) later recommended that Tanudra be found guilty of conduct prejudicial to the best interest of the service and be suspended for six months, while the complaint against Gareza was to be treated separately.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found Marlene E. Tanudra guilty of dishonesty and gross misconduct, ordering her dismissal from service with prejudice to reinstatement or re-employment in any government agency. ...(Unlock)
Ratio:
- The Supreme Court's ruling was based on findings that Tanudra accepted money from Jolito for services she failed to perform, constituting dishonesty and gross misconduct.
- The Court emphasized that Tanudra's actions were unrelated to her official duties as a court stenographer,...continue reading
Case Digest (A.M. No. P-08-2469, 08-2857-P)
Facts:
The case involves Erlina P. Jolito (complainant) and Marlene E. Tanudra (respondent), a Court Stenographer II at the Municipal Trial Court in Cities (MTCC) in Victorias City, Negros Occidental. The complaint was filed on June 2, 2006, alleging grave misconduct against Tanudra. The events leading to the complaint began in April 1995 when Jolito purchased two parcels of land from the Heirs of Emilia Vda. de Zaldarriaga in Cadiz City, Negros Occidental. In February 2005, Jolito sought assistance from her nephew, Voltaire Jolito, and his friend, George E. Gareza, a Sheriff at the MTCC, for the transfer of the land titles to her name. Gareza introduced Jolito to Tanudra, who claimed to be knowledgeable about the legal processes involved in transferring ownership and titling of properties.
In May 2005, Jolito paid Tanudra PhP20,000.00 for the processing of the titles. However, after more than a year without any updates, Jolito confronted Tanudra, who claimed she was still working on the transfer. Frustrated, Jolito demanded the return of her money and documents, sending three demand letters between February and April 2006, but received no response. On May 15, 2006, Gareza executed an affidavit supporting Jolito's claims, stating that he was present when she handed over the money to Tanudra and that he later discovered no application for the transfer had been filed with the Registry of Deeds.
Tanudra, in her comment, denied the allegations, claiming they were fabricated and malicious. She asserted that part of the money was borrowed ...