Case Summary (A.M. No. P-08-2555)
Background of the Complaint
In a sworn letter-complaint dated March 24, 2008, Santos alleged that Raymundo borrowed P100,000 from her, issued dishonored checks in payment, and engaged in conduct unbecoming of a court employee through verbal abuse during debt collection. Lucero and Fajardo also borrowed smaller amounts from Santos and were similarly accused of disrespectful conduct. Santos filed both criminal and civil actions against them, along with this administrative complaint.
Respondents' Counterclaims
Fajardo denied the allegations, claiming that Santos was the one who humiliated him and filed a counter-complaint for defamation. He argued that non-payment of debt should only lead to civil actions, not administrative complaints. Lucero acknowledged borrowing but contended he had repaid Santos and accused her of retaliatory actions. Raymundo admitted to the loan but claimed to have made several payments and accused Santos of attempting to steal her mobile phone as repayment.
Investigation Process
The case was initially referred to the executive judge of the Pasig MeTC for investigation. During several hearings conducted by Judge Marina Gaerlan-Mejorada, some parties filed motions to dismiss based on amicable settlements they had reached with Santos, leading her to withdraw her complaints against Lucero and Fajardo.
Compromise Agreements
On April 21, 2009, Santos and Raymundo submitted a Compromise Agreement stating Raymundo owed Santos P225,000 and agreed to monthly payments of P2,500, which included provisions for future loans to pay off the debt. Judge Mejorada’s report emphasized the necessity of maintaining integrity and honesty among court personnel, indicating that failure to settle just debts could warrant administrative action.
Findings and Recommendations
Judge Mejorada found the respondents guilty of conduct unbecoming of a court employee, recommending a reprimand with the warning that further infractions would incur more severe penalties. The court adopted these recommendations.
Subsequent Violations
Santos later reported that Raymundo failed to adhere to the compromise agreement, leading to further evaluations and recommendations from the Office of the Court Administrator (OCA). The OCA established that Raymundo intentionally disregarded her obligations and recommended a suspension of 30 days without pay for the second instance of misconduct.
Continuing Non-Compliance
Despite recommendations for compliance, Raymundo continued to evade her obligations, prompting further complaints from Santos. The OCA ultimately found her actions indicative of gross in
...continue readingCase Syllabus (A.M. No. P-08-2555)
Overview of the Case
- The case involves an administrative complaint filed by Maria Rosanna J. Santos against three court employees: Emma J. Raymundo, Clerk III; George F. Lucero, Process Server; and Ronald P. Fajardo, Process Server, all from the Metropolitan Trial Court in Pasig City.
- The complaint was initiated due to allegations of conduct unbecoming of a court employee, specifically for failure to pay debts and for verbal altercations during collection attempts.
Background of the Complaint
- Santos submitted a sworn letter-complaint on March 24, 2008, alleging that Raymundo borrowed ₱100,000 from her, which was never repaid.
- Raymundo issued checks that were dishonored due to a closed account, leading Santos to pursue legal action.
- Lucero and Fajardo also borrowed smaller amounts from Santos, which they failed to repay.
- During collection attempts, all three respondents reportedly used abusive language towards Santos.
Respondents' Counterclaims
- Fajardo denied the allegations, claiming Santos publicly humiliated him and threatened him, which led to his own criminal complaint against her.
- Lucero admitted borrowing ₱10,000 but asserted that he had paid Santos, claiming the misunderstanding was due to Santos's withdrawal from collection efforts.
- Raymundo admitted to the loan but contended she was making payments, arguing that her checks were retu