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JurisprudenceA.M. No. 2008-23-SC

A.M. No. 2008-23-SC

En Banc

Cited Laws

RA 532,RA 255,RA 500,RA 302,RA 592,RA 190,RA 8,RA 280,RA 186,RA 10,RA 210,RA 667,RA 21RA 8291
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TL;DR — Ruling

WHEREFORE , the Court FINDS and DECLARES : 1. EUSEBIO M. GLOR and ISIDRO T. AUSTRIA guilty of gross dishonesty, grave misconduct and conduct prejudicial to the best interest of the service, and, accordingly; (a) EUSEBIO M.

Decision

Ruling

WHEREFORE , the Court FINDS and DECLARES : 1. EUSEBIO M. GLOR and ISIDRO T. AUSTRIA guilty of gross dishonesty, grave misconduct and conduct prejudicial to the best interest of the service, and, accordingly; (a) EUSEBIO M. GLOR is DISMISSED FROM THE SERVICE WITH FORFEITURE OF ALL BENEFITS EXCEPT ACCRUED LEAVE CREDITS ; and (b) ISIDRO T. AUSTRIA FORFEITS all his retirement benefits, except accrued leave credits, WITH PREJUDICE TO RE-EMPLOYMENT IN ANY BRANCH OR INSTRUMENTALITY OF THE GOVERNMENT, INCLUDING GOVERNMENT-OWNED AND GOVERNMENT-CONTROLLED CORPORATIONS , and is ORDERED TO PAY A FINE equivalent to his salary for six months computed at the salary rate of his former position at the time of his resignation, to be deducted from whatever accrued leave benefits remained for him; 2. LENIN MARIO M. ORDOÑEZ guilty of gross neglect of duty, and, accordingly, he is ORDERED TO PAY A FINE equivalent to his salary for six months computed at the salary rate of his former position at the time of his resignation; and he is declared DISQUALIFIED FROM RE-EMPLOYMENT IN ANY BRANCH OR INSTRUMENTALITY OF THE GOVERNMENT, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS. The Court DENIES the application of ISIDRO T. AUSTRIA in A.M. No. 2014-025-Ret. for the release of his compulsory retirement benefits under Republic Act No. 8291. The Court ORDERS EUSEBIO M. GLOR, ISIDRO T. AUSTRIA and LENIN MARIO M. ORDOÑEZ to restitute to the Court the amount of P27,000.00 as cost of the copy paper stolen. ELIZALDE S. CARMONA is WARNED that a repetition of a similar act in the future shall be dealt with more severely. The Office of the Court Administrator is instructed to refer the records of this administrative case to the Department of Justice for investigation and filing, if warranted, of the appropriate criminal proceedings against ISIDRO T. AUSTRIA, EUSEBIO M. GLOR and LENIN MARIO M. ORDOÑEZ. SO ORDERED.