Case Summary (G.R. No. 37986)
Antecedents of the Case
The case included two significant incidents prompting the complaints: (1) the Landbank Incident and (2) the Batasan Gate Incident. The Landbank incident involved Hermosisima behaving inappropriately at the Landbank of the Philippines while waiting for his overtime pay, leading to a scene that was reported by another Sandiganbayan employee. Following the incident, he apologized but received a stern warning. In the Batasan Gate Incident, Hermosisima shouted at a superior, engaged in a physical altercation with another security guard, and was suspected of being under the influence of alcohol while on duty.
Disciplinary Actions and Recommendations
Both incidents led to administrative actions, including a requirement for Hermosisima to undergo a psychological evaluation, which he failed to complete. Subsequent memoranda were issued, requiring explanations and investigations. The Judicial Integrity Board (JIB) recommended formal charges be issued against him after a thorough investigation found that Hermosisima was guilty of multiple administrative offenses, though he did not formally respond to the charges but sent a letter of apology.
Findings of the Judicial Integrity Board
The JIB's findings led to the proposal that Hermosisima be found guilty of Gross Misconduct, resulting in the forfeiture of retirement benefits and a disqualification from government employment. In its report, the JIB distinguished between Gross Insubordination and Simple Misconduct, ultimately recommending penalties appropriate to the violations.
Resolution of the Court
When reviewing the case, the Court aligned with the JIB's findings regarding the gravity of Hermosisima's actions. The Court clarified that the current allegations and penalties should be assessed according to Rule 140 of the Rules of Court, as disciplinary actions for judicial personnel have transitioned under this framework. The Court emphasized that Hermosisima’s resignation did not absolve him of administrative liability and constituted an admission of guilt concerning the charges.
Court's Rulings on Administrative Liability
The ruling concluded that Hermosisima was guilty of Gross Insubordination, defined by his refusal to comply with commands from his superiors, and Gross Misconduct, characterized by unlawful behavior and gross negligence as defined under relevant court personnel codes. The court detailed his inappropriate behavior during the incidents, including drinking on duty and failure to follow security protocols, leading to significant breaches of conduct.
Imposition of Penalties
In lieu of dismissal, given his resignation, Hermosisima faced the forfeiture of retirement benefits and financial penalties. The Court identified specific sanctions applicable
...continue readingCase Syllabus (G.R. No. 37986)
Nature of the Case
- This is an administrative matter involving Formal Charges filed by the Sandiganbayan before the Judicial Integrity Board (JIB) against Regino R. Hermosisima, Security Guard II of the Sandiganbayan's Security and Sheriff Services.
- The Formal Charges, dated October 31, 2018, include Gross Insubordination, Grave Misconduct, Being Notoriously Undesirable, and Conduct Prejudicial to the Best Interest of the Service.
- The case was referred pursuant to Rule 140 of the Rules of Court, which governs disciplinary cases of judicial personnel.
Antecedent Incidents Leading to the Formal Charges
The Landbank Incident (February 5, 2018)
- At the Landbank of the Philippines Commission on Audit Branch, Hermosisima caused a scene over his overtime pay not credited to his account.
- Ma. Luvi M. Rigonan, Cashier III, reported Hermosisima's impatience and disrespectful demeanor toward the bank staff.
- Hermosisima apologized, citing his high blood pressure.
- Presiding Justice Amparo M. Cabotaje-Tang accepted the apology and warned that any future infraction would be dealt with administratively.
The Batasan Gate Incident (September 15, 2018)
- Hermosisima shouted at Atty. Dennis Pulma, who was waiting in his vehicle because no security guard was posted at the Batasan Gate during a rainy night.
- Other security guards confirmed Hermosisima was absent from his post and instructed him to return; he refused and made disrespectful remarks.
- Hermosisima approached Atty. Pulma's vehicle without an umbrella and hurled invectives.
- When another guard tried to pacify him, Hermosisima punched the guard, Danilo V. Reyes.
- Reyes found an empty whiskey bottle at the guard post, confirming Hermosisima was intoxicated on duty.
- Hermosisima subsequently admitted guilt and apologized again.
Additional Background and Related Conduct
- Respondent previously sent a bizarre letter proposing a health card convertible to an ATM card with credit privileges.
- He had a heated argument with another employee over a loan application.
- Medical evaluation recommended psychological assessment due to respondent's behavior.
- Sandiganbayan En Banc directed a psychological examination at government expense, which respondent refused to comply with.
- Memoranda issued demanding explanation for non-compliance and conducting fact-finding investigation on the Batasan Gate incident.
Proceedings and Recommendations
- Legal Researc