Case Digest (A.M. No. P-08-2555)
Facts:
Maria Rosanna J. Santos v. Emma J. Raymundo, et al., A.M. No. P-08-2555 [Formerly A.M. OCA IPI No. 08-2780-P], November 26, 2019, Supreme Court En Banc, Per Curiam.Complainant Maria Rosanna J. Santos filed a sworn administrative complaint (March 24, 2008) against respondents Emma J. Raymundo (Clerk III, MeTC Branch 69, Pasig), George F. Lucero (Process Server, Branch 71), and Ronald P. Fajardo (Process Server, Office of the Clerk of Court) for conduct unbecoming of a court employee arising from unpaid loans and related altercations. Santos alleged Raymundo borrowed P100,000 and issued dishonored checks; Lucero borrowed P6,000 (admitted in later affidavit as P10,000) and Fajardo P4,500. Santos said respondents insulted and humiliated her while she sought payment; she also filed civil and criminal actions and multiple counts under BP 22 against Raymundo.
Respondents denied the quarrel allegations but admitted borrowing money. Raymundo and Lucero claimed installment payments were made; Fajardo denied verbal confrontation and alleged Santos publicly humiliated him and even filed criminal charges against Santos. During investigation, Santos, Lucero and Fajardo at various times manifested desistance or compromise: Lucero paid part of his debt and asked dismissal; Fajardo submitted an affidavit of desistance; Santos and Raymundo executed a Compromise Agreement (April 20, 2009) by which Raymundo acknowledged owing P225,000 and agreed to monthly payments and to remit proceeds of loans from the Supreme Court Savings and Loan Association (SCSLA) to Santos.
The matter was referred to Judge Marina Gaerlan-Mejorada for investigation. Judge Mejorada conducted hearings and, in her April 22, 2009 report, found the respondents admitted the monetary obligations, that the debts remained unsettled, and that the conduct was unbecoming of court employees; she recommended reprimands with stern warnings. The Court adopted Judge Mejorada’s findings and recommendations in a July 1, 2009 Resolution (first disposition).
After the Compromise Agreement, Santos later informed the Court (August 7, 2010) that Raymundo reneged and failed to remit SCSLA loan proceeds. The Court referred the matter to the Office of the Court Administrator (OCA). The OCA’s September 17, 2012 memorandum found Raymundo paid only P32,000 from one SCSLA loan, left P73,000 unpaid from other loans, exhibited bad faith and unreliability, and had a prior administrative case; it recommended suspension for 30 days without pay (second penalty). The Court adopted and approved the OCA recommendation in a November 19, 2012 Resolution.
Santos continued to report noncompliance (letters dated December 26, 2013; April 13, 2014; November 10, 2014). The Court again referred the case to the OCA. The OCA’s April 28, 2015 memorandum concluded Raymundo intentionally evaded obligations and disobeyed Court directives, demonstrating willful disobedience and contempt that constituted gross insubordination; it noted she had been penalized twice already in this administrative case. The OCA recommended suspension for one year without pay (a grave/less-grave penalty mix) and stern warning (third disposition). Raymundo submitted documents purporting to show payments but the OCA found them unpersuasive.
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Issues:
- Whether or not Emma J. Raymundo should be held administratively liable for failure to comply with the Compromise Agreement and for insubordin...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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