G.R. No. 135362 - Heirs of Salas, Jr. vs. Laperal Realty Corp.

On September 23, 2011, Atty. Jose C. Corales, Clerk of Court VI of the Regional Trial Court (RTC), Batangas City, sent a letter to the Office of the Court Administrator (OCA) requesting instructions on how to proceed after a criminal case was filed against Hermogenes M. Guico, Jr. (Guico), Clerk III of the same office, for violation of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
The criminal case charged Guico with illegal possession of methamphetamine hydrochloride (shabu), based on an incident that occurred on the night of September 21, 2011.

After a police response to a shooting incident involving an alias "Apaw," in Barangay Sta. Clara, Batangas City, police formed a “blocking force” to intercept him.
Guico was seen riding out of Villa Anita, and upon police accosting him, he sped away, crashed his motorcycle, and fled on foot but was apprehended.
Police Officer Rudy C. AAonuevo, Jr. frisked Guico, supposedly finding a heat-sealed sachet containing 0.06 gram of methamphetamine hydrochloride, plus aluminum foils and disposable lighters.

The seized substance tested positive for methamphetamine hydrochloride.
Guico also tested positive for methamphetamine use following a drug test conducted on September 22, 2011.

Guico was charged before RTC Branch 7; a resolution dated March 5, 2012, suspended him indefinitely pending outcome of the criminal case.
RTC Branch 7 convicted Guico on October 22, 2014, sentencing him to 12 years and one day to 14 years imprisonment plus a fine of P300,000.00.
On appeal, the Court of Appeals (CA) Special Sixth Division reversed and acquitted Guico on April 22, 2016, due to illegal warrantless arrest and search, ruling the seized substance inadmissible.
The CA found that police officers’ blocking force was unrelated to Guico’s arrest; his flight was erroneously considered proof of guilt.

The Supreme Court referred the case to the OCA for evaluation after the CA decision.
In a memorandum dated January 12, 2017, the OCA recommended finding Guico guilty of grave misconduct for testing positive for drug use, despite acquittal in the criminal case, and proposed dismissal from service with cancellation of eligibility and forfeiture of retirement benefits except accrued leave credits.
The basis for administrative liability was Guico’s positive drug test result, notwithstanding that only an illegal possession criminal case was filed against him.

Guico tendered a letter dated September 28, 2020, expressing intention to retire and withdrawing his request for reinstatement.
The Court construed this as a resignation and accepted it, declaring Guico’s position as Clerk III vacant.

Whether Hermogenes M. Guico, Jr. may be held administratively liable for testing positive for methamphetamine hydrochloride use, given that the criminal case against him was dismissed due to illegal arrest, search, and seizure.