Title
Agustin vs. Mercado
Case
A.M. No. P-07-2340
Decision Date
Jul 26, 2007
Court stenographer Noemi S. Mercado found guilty of Grave Misconduct and Conduct Unbecoming for soliciting money, misrepresenting case resolutions, and failing to repay debts, resulting in dismissal and forfeiture of benefits.
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Case Summary (A.M. No. P-07-2340)

Complaint Overview

  • Sharon Rose Agustin filed a complaint against Noemi S. Mercado, a court stenographer, alleging grave misconduct, non-payment of just debt, and conduct unbecoming a court personnel.
  • Agustin, as a Human Resource Officer, was involved in legal transactions for her employer, Mr. Lauro M. Legaspi, who had a pending criminal case in the Metropolitan Trial Court (MeTC), Branch 8, Manila.

Interaction and Allegations

  • Agustin frequently visited the court to follow up on Legaspi's case and met Mercado, who later visited their office to discuss a warrant of arrest issued against Legaspi due to his absence from a scheduled hearing.
  • Mercado agreed to help Legaspi settle his case for a fee of P10,000.00, which she claimed was for bail.

Misconduct and Financial Transactions

  • Mercado provided Legaspi with a folder claiming his case was resolved, but it contained original court records, which should not have been removed from the court.
  • Mercado demanded additional payments for a surety bond related to Legaspi's labor cases, including a processing fee, which raised further concerns about her conduct.

Personal Relationship and Financial Exploitation

  • Agustin and Mercado developed a close friendship, during which Mercado borrowed money for various personal reasons, including tuition fees and legal matters, without repayment.
  • Evidence of Mercado's misconduct included pawnshop receipts for jewelry belonging to Agustin, which Mercado had stolen.

Administrative Proceedings

  • The Office of the Court Administrator (OCA) required Mercado to comment on the allegations, but she failed to respond and was subsequently marked absent without leave (AWOL).
  • The OCA noted that Mercado had evaded service of court processes by moving from her registered address.

Findings and Recommendations

  • The OCA recommended Mercado's dismissal from service due to her AWOL status and failure to respond to the complaint.
  • The Court maintained jurisdiction over the case despite Mercado's absence, emphasizing the need to uphold public trust in the judiciary.

Conclusion of Guilt

  • The Court concluded that Mercad...continue reading

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