A.M. No. 2011-01-SC - Valenzuela vs. Giganto

Complainant: Recarredo S. Valenzuela, Clerk IV, Personnel Division, Office of Administrative Services-Office of the Court Administrator (OAS-OCA).
Respondent: Ricardo R. Giganto, Utility Worker II, Personnel Division, OAS-OCA.

On January 18, 2011, Valenzuela filed a sworn Letter-Complaint accusing Giganto of Grave Misconduct Unbecoming a Court Employee and Physical Injuries.
Valenzuela alleged that Giganto treacherously punched him multiple times without provocation while he was leaning on his computer hardware, causing physical injuries including bleeding and swelling.
Valenzuela supported his claim with a Medical Certificate from Dr. Prudencio P. Banzon, Jr., noting swelling and a wound on Valenzuela’s face and elevated blood pressure.

Giganto denied the allegations, stating the complaint was misleading and detailed that the altercation started due to a misunderstanding involving another co-worker, Crisanto Madeja.
According to Giganto, Valenzuela told him that Madeja was planning to stab him. Giganto confronted Madeja who denied the claim. Subsequently, heated words and a fistfight erupted between Giganto and Valenzuela.
Giganto claimed that punches were exchanged; that Valenzuela also inflicted physical injuries on him, corroborated by his own Medical Certificate for a skin avulsion on his back.
Giganto filed a counter-complaint against Valenzuela, citing prior complaints of amorous advances and indecency and allegations of improper conduct from other co-workers.

Valenzuela maintained he did not retaliate and that Giganto assaulted him unprovoked.
Witness Abner M. Cruz testified that there was a heated exchange before a fistfight and that punches were exchanged by both parties.
Witness Joanne A. Ruaburo confirmed that both Giganto and Valenzuela exchanged punches and that Giganto suffered from a bloody lip and torn shirt.
Witness Crisanto Madeja contradicted the stabbing allegation, denying any intent to harm Giganto.

OAS found both employees guilty of conduct unbecoming a court employee, qualifying as simple misconduct due to the physical altercation.
Recommended penalties included a 30-day suspension for Giganto as the aggressor, and a 7-day suspension for Valenzuela for engaging in the fight and fabricating the stabbing story.
Dismissed the physical injury complaint as it should be addressed in a separate criminal case.
Dismissed Giganto’s counter-complaint on character grounds due to lack of substantial evidence.

Whether the conduct of Giganto and Valenzuela constitutes grave misconduct or simple misconduct.
Whether Giganto was the aggressor in the incident.
Whether the physical injuries sustained should be the subject of administrative or criminal proceedings.
Whether the counter-complaints against Valenzuela have merit.
Appropriate penalties for both parties given the circumstances.