Case Summary (A.M. No. P-18-3873)
Background of the Case
The administrative complaint emerges from a Letter-Complaint dated October 7, 2016, wherein complainant Flores alleged that respondent Interino engaged in Dereliction of Duty by failing to timely release court decisions, orders, and other processes. A previous resolution issued on September 17, 2018 found respondent guilty of Simple Neglect of Duty and imposed a penalty of suspension for one month and one day without pay, effective upon notice.
Respondent's Request for Clarification
In a letter dated November 28, 2018, Interino sought clarification regarding the Court’s previous resolution since she had resigned effective July 31, 2018. The respondent asked how the penalty should be applied given her resignation, which left the imposition of a one-month and one-day suspension unserviceable.
OCA's Findings and Recommendation
The Office of the Court Administrator (OCA) confirmed in a memorandum dated April 5, 2019, that Interino had indeed resigned before the resolution was issued. The OCA posited that since she could not serve the suspension, the penalty should be modified to a fine equivalent to her salary for the same duration. This fine would be based on her last salary rate and deducted from any accrued leave credits she may have or paid directly to the court if insufficient leave credits were available.
Court's Ruling
The Court maintained that resignation does not exempt an employee from administrative liability. It emphasized that resignation cannot be perceived as a means to evade disciplinary actions while under administrative sanction. In light of the confirmation from the OCA, the Court accepted the recommendation for the penalty to be amended from suspension to a fine equivalent to the salary for one month and one day, to be deducted from any accrued leave credits or to be directly settled with the court within a specified duration.
Final Order
Consequently, the Court amended the res
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Case Reference
- Court: Supreme Court of the Philippines, Third Division
- Case Number: A.M. No. P-18-3873 (Formerly OCA IPI No. 18-4858-P)
- Date: January 11, 2021
Parties Involved
- Complainant: Maria Celia A. Flores, Branch Clerk of Court, Branch 2, Municipal Trial Court in Cities, Olongapo City, Zambales
- Respondent: Mary Lourd R. Interino, Clerk III, Branch 2, Municipal Trial Court in Cities, Olongapo City, Zambales
Background and Antecedents
- The case arises from a Letter-Complaint dated October 7, 2016, filed by Maria Celia A. Flores against Mary Lourd R. Interino for Dereliction of Duty.
- On September 17, 2018, the Court found the respondent guilty of Simple Neglect of Duty due to her failure to release court decisions, orders, and other processes on time, violating Section 1, Canon IV of Administrative Matter No. 03-06-13-SC (the "Code of Conduct for Court Personnel").
- The dispositive portion of the Resolution included:
- Re-docketing the complaint as a regular administrative matter.
- Finding the respondent guilty and imposing a penalty of suspension for one month and one day without pay.
- A reminder for both parties to maintain professionalism and avoid hostility in their workplace.
Respondent's Resignation and Clarification Request
- In her Letter dated November 28, 2018, the respondent informed the Court of her resignation effe