A.M. No. P-10-2817 [Formerly OCA I.P.I. No.09-3089-P] - CORAZON TENORIO, REPRESENTED BY IMELDA TENORIO-ORTIZ, COMPLAINANT, VS. ALYN C. PERLAS, SHERIFF III. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Sheriff Perlas is only guilty of misconduct in the discharge of her functions. Misconduct is a transgression of an established rule of action. More particularly, misconduct is the unlawful behavior of a public officer. It means the "intentional wrongdoing or deliberate violation of a rule of law or standard of behavior, especially by a government official." [17] In order for misconduct to constitute an administrative offense, it should be related to or connected with the performance of the official functions and duties of a public officer. [18] Under Rule 140 of the Rules of Court, as amended by A.M. No. 01-8-10-SC, simple misconduct is considered a less serious offense, sanctioned with suspension without pay for not less than one (1) month but not more than three (3) months, or a fine of not less than ten thousand pesos (PhP 10,000) but not exceeding twenty thousand pesos (PhP 20,000). WHEREFORE , respondent Sheriff Alyn C. Perlas is found GUILTY of simple misconduct. She is meted the penalty of a FINE of eleven thousand pesos (PhP 11,000) . She is STERNLY WARNED that a repetition of similar or analogous infractions in the future shall be dealt with more severely. SO ORDERED.