Case Digest (A.M. No. 15-09-102-MTCC)
Facts:
- The case involves an incident on February 25, 2015, between Security Officer Marlino G. Agbayani and Utility Worker I Mr. Marion M. Durban at the Municipal Trial Court in Iloilo City.
- Agbayani reported the incident in an Incident Report dated February 26, 2015, to Executive Judge Loida J. Diestro-Maputol.
- Agbayani claimed that while checking an overheated fluorescent light, Durban confronted him, shouted, threatened, and berated him in front of witnesses.
- Executive Judge Diestro-Maputol ordered an investigation, which was conducted by Executive Judge Enrique Z. Trespeces.
- Witness testimonies varied; some supported Agbayani, while others downplayed the incident.
- Judge Trespeces found Durban guilty of conduct prejudicial to the best interest of the service and recommended a nine-month suspension.
- The Office of the Court Administrator (OCA) later found insufficient evidence to support the charges and recommended dismissal, advising a warning for future conduct.
- The case was escalated to the Supreme Court for final resolution.
Issue:
- (Unlock)
Ruling:
- The Supreme Court dismissed the charges of conduct prejudicial to the best interest of the service against Mr. Durban.
- The Court also dismissed the allegations of loafing due to lack of evidence.
- Mr. Durban was admonished for not strictly observing ...(Unlock)
Ratio:
- The Supreme Court determined that the evidence did not sufficiently prove that Durban had berated or threatened Agbayani.
- Witness testimonies were inconsistent, with some indicating the interaction was a loud conversation rather than an altercation.
- The Court noted that Durban's loud voice may have been misinterpreted as aggression.
- The OCA's findings were upheld, emphasizin...continue reading
Case Digest (A.M. No. 15-09-102-MTCC)
Facts:
The administrative matter at hand involves an incident that occurred on February 25, 2015, between Security Officer Marlino G. Agbayani, a former employee of Eaglematrix Security Agency, Inc., and Mr. Marion M. Durban, a Utility Worker I at the Municipal Trial Court in Cities (MTCC), Branch 9, Iloilo City, Iloilo. The altercation was reported by Agbayani in an Incident Report dated February 26, 2015, addressed to then Executive Judge Loida J. Diestro-Maputol. In his report, Agbayani recounted that he was checking on a maintenance issue regarding an overheated fluorescent light when he encountered Durban, who allegedly shouted at him in a confrontational manner. Agbayani claimed that Durban threatened him and berated him in front of several witnesses, including court personnel and police officers present at the scene.
Following the incident, Executive Judge Diestro-Maputol issued Memorandum 55-15 on March 3, 2015, directing Executive Judge Enrique Z. Trespeces to investigate the matter. Judge Trespeces conducted a series of clarificatory hearings involving both parties and their witnesses. Agbayani maintained his allegations, while Durban denied any wrongdoing, claiming that he was merely engaging in casual conversation. Witness testimonies varied, with some supporting Agbayani's claims and others downplaying the incident. Ultimately, Judge Trespeces submitted a report on July 27, 2015, finding Durban guilty of conduct prejudicial to the best interest of the service and recommending a nine-month suspension.
The case was subsequently forwar...