Case Digest (G.R. No. L-12986)
Facts:
The case involves Regino R. Hermosisima, a Security Guard II of the Sandiganbayan, who faced Formal Charges for Gross Insubordination, Grave Misconduct, Being Notoriously Undesirable, and Conduct Prejudicial to the Best Interest of the Service filed on October 31, 2018, by the Sandiganbayan before the Judicial Integrity Board (JIB). The incidents prompting the charges include the Landbank Incident on February 5, 2018, where Hermosisima created a disturbance at the Landbank of the Philippines branch concerning his overtime pay credited to his account. An apology was made and accepted, but with a warning for future infractions. The second incident, on September 15, 2018, involved the Batasan Gate wherein Hermosisima shouted at Atty. Dennis Pulma, refused to return to his post despite orders, was found drunk on duty, punched a fellow security guard, and hurled invectives. Prior to these, he sent a peculiar letter suggesting a health card convertible into an ATM card. After these epCase Digest (G.R. No. L-12986)
Facts:
- Background
- This administrative case involves Regino R. Hermosisima, Security Guard II of the Sandiganbayan, charged with gross insubordination, grave misconduct, being notoriously undesirable, and conduct prejudicial to the best interest of the service.
- The charges stem from two major incidents: the Landbank Incident and the Batasan Gate Incident, as well as other behavioral concerns.
- The Landbank Incident (February 5, 2018)
- Ma. Luvi M. Rigonan, Cashier III of Sandiganbayan, reported that Hermosisima acted impatiently and caused a scene at the Commission on Audit Branch of Landbank of the Philippines while waiting for his overtime pay.
- Hermosisima apologized to Presiding Justice Amparo M. Cabotaje-Tang, explaining he was experiencing high blood pressure.
- The apology was accepted but with warning that future infractions would be dealt with administratively.
- Psychological Evaluation Directive
- Following the Landbank Incident, the Sandiganbayan en banc ordered Hermosisima to undergo a psychological evaluation by a government psychiatrist.
- Hermosisima refused to comply with the psychological examination directive.
- The Batasan Gate Incident (September 14, 2018)
- Danilo V. Reyes, Security Guard II and Team Leader, reported that Hermosisima left his post unattended at the Batasan Gate on a rainy night.
- Hermosisima was found talking to a detainee instead of manning the gate.
- When ordered to return, Hermosisima insulted Atty. Dennis Pulma, shouted invectives, and punched Reyes when confronted.
- An empty bottle of whiskey was found at the gate, indicating Hermosisima was drunk on duty.
- Hermosisima admitted to drinking whiskey while on duty and confirmed the altercations.
- Other Related Conduct and Complaints
- Hermosisima wrote a bizarre letter to Presiding Justice Cabotaje-Tang suggesting a health card convertible to an ATM card with a credit line.
- He was involved in a heated argument about his loan application.
- The Acting Chief Judicial Staff Officer apologized to the Presiding Justice for these behaviors.
- Procedural History
- The Sandiganbayan filed formal charges on October 31, 2018.
- Hermosisima failed to submit an answer but submitted another letter of apology.
- The case was referred to the Judicial Integrity Board (JIB).
- Hermosisima resigned effective September 1, 2020, before the proceedings were completed.
- The JIB issued reports recommending findings of gross misconduct and other penalties.
Issues:
- Whether respondent Regino R. Hermosisima should be held administratively liable for gross insubordination and gross misconduct based on the incidents at Landbank and Batasan Gate.
- Whether the resignation of the respondent precludes the continuation of administrative proceedings and penalties.
- The appropriate penalties to be imposed if respondent is found guilty.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)