Case Summary (G.R. No. L-36052)
Facts of the Case
In April 2005, a group of eleven stenographers from the Regional Trial Court planned to attend the 4th National Convention and Seminar of the Court Stenographic Reporters Association of the Philippines (COSTRAPHIL) in Iloilo City. Financial support was solicited from the City Government of Naga to cover the expenses. However, before Tordilla could collect her cash advance, she was informed that only five of the stenographers, including Amilano, would attend. Despite Tordilla being excluded, Amilano received the cash advance intended for Tordilla. Subsequently, Tordilla received a demand for payment from the Office of the Auditor of Naga City, discovering that Amilano had signed the disbursement voucher on her behalf. Tordilla confronted Amilano, who admitted her actions and later executed an affidavit promising repayment, which she ultimately failed to fulfill, leading to Tordilla filing the complaint.
Respondent's Defense
Amilano denied the allegations, asserting that Tordilla had backed out of the seminar last minute due to insufficient funds and claimed that as the liaison officer for the RTC, she was authorized to receive cash advances on behalf of the attendees. Furthermore, Amilano stated that Tordilla had been cleared of liability concerning the unliquidated cash advance, as affirmed by a certification from the City Accountant.
OCA's Memorandum and Recommendations
The OCA issued a memorandum on May 15, 2014, recommending that Amilano be found guilty of simple misconduct and fined P1,000, cautioning that similar future offenses would lead to more severe consequences. The OCA determined that Amilano took six years to settle the cash advance issue, indicating a lack of integrity that affected the judiciary's image, yet noted that her failure could not constitute willful refusal to pay just debts, as the matter had not been adjudicated in a court.
Issue Before the Court
The critical issue to resolve is whether the respondent should be held administratively liable for her actions.
Court's Ruling
The Court agreed with the OCA's finding of administrative liability but contested the classification of the offense as simple misconduct rather than willful failure to pay just debts. According to Executive Order No. 292, the term "just debts" includes both claims adjudicated by a court and those whose existence and validity are acknowledged by the debto
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Case Reference
- Jurisprudence: 753 Phil. 23
- Court: First Division
- A.M. No. P-14-3241 (Formerly OCA IPI No. 11-3672-P)
- Date: February 04, 2015
Parties Involved
- Complainant: Mary-Ann S. Tordilla, Court Stenographer III, Regional Trial Court of Naga City, Camarines Sur, Branch 27
- Respondent: Lorna H. Amilano, Court Stenographer III, Regional Trial Court of Naga City, Camarines Sur, Branch 61
Background of the Case
- The case arose from a letter-complaint filed by Mary-Ann S. Tordilla against Lorna H. Amilano for dishonesty and willful failure to pay just debts.
- Both parties are Court Stenographers III at the Regional Trial Court of Naga City.
Factual Background
- In April 2005, eleven stenographers from the RTC planned to attend the 4th National Convention and Seminar of the Court Stenographic Reporters Association of the Philippines (COSTRAPHIL) in Iloilo City.
- The stenographers solicited funds from the City Government of Naga to cover expenses.
- Complainant Tordilla was excluded from attending despite the cash advance intended for her being received by respondent Amilano.
- On February 1, 2007, Tordilla received a demand letter from the Office of the Auditor of Naga City regarding an unliquidated cash advance amounting to P5,914.00.
- Tordilla discovered that Amilano had signed for the cash advance on her behalf and confronted her, leading to Amilano’s admission of receipt.
- Amilano executed an affidavit on March 5, 2008, promising to reimburse Tordilla but failed to do so.
- Another de