A.M. No. SC-23-001 - Office of Administrative Services, Supreme Court vs. Johnny R. Llemos, Painter I, Maintece Division, Office of Administrative Services, Supreme Court

Title and docket: Office of Administrative Services, Supreme Court, complainant, vs. Johnny R. Llemos, Painter I, Maintenance Division, Office of Administrative Services, Supreme Court, respondent; A.M. No. SC-23-001 (Formerly JIB FPI No. 22-008-SC); Decision dated April 3, 2024 (En Banc).
Administrative handling: Matter investigated by the Judicial Integrity Board (JIB) and transmitted to the Office of the Executive Director (OED); Report and Recommendation of OED forwarded to the JIB; JIB submitted Report finding respondent guilty and recommending dismissal. The JIB Report was prepared (May 16, 2023) by Justice Cielito N. Mindaro-Grulla (Ret.) with concurrence of other retired justices.

Random drug test and confirmatory result: On July 11, 2022, the Supreme Court Medical and Dental Services conducted random drug testing; respondent Llemos was among those tested and yielded a positive result. The specimen was referred to the National Bureau of Investigation (NBI) for confirmation; the NBI issued a Certification (July 11, 2022) by Forensic Chemist Miguel Fernando C. Suarez, RCh., stating laboratory examination of the urine showed reactions indicative of the presence of methamphetamine.
Respondent's admission and comment: Following referral, respondent filed a verified Comment admitting use of illegal drugs, disclaiming habitual use, offering apology, and requesting leniency for the sake of his employment and children. The Comment (in Filipino) expressed remorse and a plea to be allowed to return to work to help support his children’s college education.
Preventive suspension and recommendations: The Court imposed preventive suspension without pay for 90 days (Resolution dated July 26, 2022) prior to release of the JIB/OED report. The OED recommended that respondent be found guilty of use of illegal drugs and gross misconduct, ordered dismissed from service with forfeiture of benefits except accrued leave credits, and directed referral to a drug rehabilitation facility at respondent’s expense. The JIB concurred and adopted the OED recommendation in toto.

En Banc decision: The Court adopted the JIB findings but modified the penalty. Respondent was found guilty of gross misconduct and use of illegal drugs or substances and was suspended from office without salary and other benefits for one year. The Court directed the Medical and Dental Services to refer respondent to a suitable drug rehabilitation facility at his expense and sternly warned that repetition would merit dismissal. The Decision was declared immediately executory and was concurred in by the named Justices.

Whether the evidence (random test result, NBI confirmatory certification, and respondent’s admission) constitutes substantial evidence to prove that respondent used illegal drugs or substances.
Whether respondent’s act of using illegal drugs or substances amounts to gross misconduct constituting violations of the Code of Conduct for Court Personnel.

What is the appropriate administrative penalty for respondent’s proven misconduct, considering Rule 140 of the Rules of Court and relevant jurisprudence and administrative guidelines.
Whether mitigation (admission, remorse, humanitarian considerations regarding respondent’s children, lack of prior record) warrants imposition of a lesser penalty than dismissal and whether referral to rehabilitation is appropriate.