Facts:

• Complaint filed by Judge Maximo A. Savellano, Jr. against Alberto D. Almeida, a process server in the Regional Trial Court of Manila.
• Almeida allegedly engaged in grave misconduct by unauthorized taking of exhibits consisting of packets of "shabu" (methamphetamine) in two criminal cases.
• Complaint supported by an investigation conducted by the National Bureau of Investigation (NBI), which found Almeida responsible for the missing exhibits.
• Judge Savellano issued a memorandum to Almeida, giving him 72 hours to explain why he should not be dismissed from service for opening office cabinets and taking out records and evidence without permission.
• Almeida admitted to opening the cabinet containing the evidence but claimed it was out of curiosity.
• Almeida also admitted to being an occasional "shabu" user.

Issue:

• (Unlock)

Ruling:

• Almeida found guilty of grave misconduct in the office and recommended his dismissal from service.
• Court agreed with the recommendation of the Executive Judge for Almeida's dismissal.
• Almeida's admission of...(Unlock)

Ratio:

• Decision based on evidence presented, including testimony of Branch Clerk of Court, Rita E. Quizon, who witnessed Almeida opening the exhibits and scattering the substance.
• Almeida's explanation of curiosity deemed flimsy and incredible.
• Al...continue reading