Case Digest (A.M. No. P-22-053)
Facts:
Judge Jaime B. Santiago v. Romelito G. Fernando, A.M. No. P-22-053 (Formerly OCA IPI No. 15-4466-P), January 17, 2023, the Supreme Court En Banc, Rosario, J., writing for the Court.Complainant Acting Presiding Judge Jaime B. Santiago filed two complaints with the Office of the Court Administrator (OCA) against respondent Romelito G. Fernando, then a Utility Worker I and later appointed Clerk III of RTC Branch 18, Tagaytay City, charging insubordination, irregularity in performance, gross neglect of duty, continued irregularities, gross incompetence, and gross misconduct. The first complaint (Memorandum dated August 11, 2015) alleged that respondent belatedly transmitted Formal Offers of Documentary Evidence in two land registration cases (LRC No. TG-14-035 and LRC No. TG-14-060), causing delay in disposition. Respondent answered, attributing lapses to workload and blaming co-employees for attachments and late handover.
In a Supplemental Complaint (treated as such by the OCA’s 1st Indorsement dated November 3, 2015), complainant alleged additional misconduct: a verbal report by Mrs. Lolita Borja that respondent solicited P40,000 to facilitate her son’s bail in Criminal Case No. TG-15-1030, and the discovery during inventory and subsequent searches of numerous criminal case folders (51 criminal files and one JDRC file) and other missing records in respondent’s custody. Respondent disputed some facts, implicated a sheriff in certain tasks, sought an extension to comment, but thereafter went AWOL and failed to file the required Comment to the Supplemental Complaint.
The OCA investigated, issued reminders and a tracer, and noted respondent’s dropping from the rolls effective November 29, 2017 for AWOL. In a Memorandum dated April 25, 2018 the OCA re‑docketed the matter as a regular administrative case, found respondent guilty of Gross Insubordination and Grave Misconduct based on his withholding of records and the handwritten receipt for P40,000, and recommended dismissal from service; because respondent had already been dropped f...(Subscriber-Only)
Issues:
- Does respondent’s absence without official leave (AWOL) and failure to file a Comment bar the Court from determining his administrative liability?
- Can respondent be held administratively liable for Gross Insubordination and Grave Misconduct (Gross Misconduct), and what penalty is appropriate given his s...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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