Title
Diomampo vs. Laribo, Jr.
Case
A.M. No. SB-12-18-P
Decision Date
Jun 13, 2012
A Sandiganbayan shuttle driver was suspended for one month after admitting to making degrading remarks about a female co-worker, deemed disgraceful conduct by the Supreme Court.
A

Case Summary (A.M. No. SB-12-18-P)

Allegations

Diomampo's complaint, sworn on March 10, 2010, accused Laribo, Jr. of making derogatory remarks about her, contravening ethical expectations for public officials. Her claims included that Laribo, Jr. said, “Kabayan, wala ng kasarap sarap si Shirley. Napag iiyot ko na yan. Wala na pagmamalaki sakin yan,” which were relayed to her by others in the Sandiganbayan security detail. Diomampo denied any prior relationship or sexual contact with Laribo, Jr. In his defense, Laribo, Jr. admitted to making the remarks but insisted they were meant to be jokes among adults, thus lacking malicious intent.

Investigation and Findings

The investigation was initiated on May 31, 2010, resulting in the collation of affidavits from witnesses, notably Sandiganbayan security guard Rosita P. Domingo and Herminigildo Andal. Their testimonies supported Diomampo's account and reinforced the serious nature of Laribo, Jr.'s comments. Justice Cornejo ultimately determined that Laribo, Jr.'s admissions constituted unethical conduct and disrespect for Diomampo’s rights, regardless of intent.

Recommendations from Justice Cornejo

On July 15, 2010, Justice Cornejo recommended that Laribo, Jr. receive a reprimand with a stern warning, asserting this case merited administrative liability. She emphasized the necessity for public officials to demonstrate appropriate conduct, rejecting Laribo, Jr.'s defense of jest due to the context in which the statements were made and their harmful impact on Diomampo's reputation.

Office of the Court Administrator's Evaluation

Upon receipt of Justice Cornejo’s findings, the Office of the Court Administrator (OCA) disagreed with the recommended reprimand and suggested that Laribo, Jr.'s actions constituted disgraceful and immoral conduct as per Civil Service Commission definitions. They argued that such behavior warranted a more serious penalty to uphold the dignity of the judiciary.

OCA's Final Recommendations

In OCA IPI No. 10-22-SB-P, the OCA recommended suspending Laribo, Jr. for three months without pay for his disgraceful and immoral conduct, citing the gravity of the offense while noting it was Laribo Jr.'s first infraction.

Court's Ruling

The Court accepted OCA’s evaluation but modified the penalty to one month of suspension. The ruling acknowledged Laribo, Jr.’s admission of guilt and the malice inherent in his utterances, affirming that conduct reflecting poorly on the judiciary would not be tolerated. The Court highlighted that maintaining decorum

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