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JurisprudenceA.M. No. RTJ-20-2582

A.M. No. RTJ-20-2582 (Formerly A.M. No. 20-06-74-RTC) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. PRESIDING JUDGE HERMES B. MONTERO, BRANCH CLERK OF COURT ATTY. MA. GAY A. ERNI- PUENTENEGRA; AND PROCESS SERVER ANNABELLE U. RODRIGUEZ, ALL OF THE REGIONAL TRIAL COURT, TOLEDO CITY, CEBU, BRAN

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TL;DR — Ruling

WHEREFORE, the Court rules as follows: 1. Respondent Judge Hermes B. Montero, then Presiding Judge of the Regional Trial Court of Toledo City, Cebu, Branch 59, is GUILTY of Gross Ignorance of the Law or Procedure, and accordingly, is meted with the penalties of FORFEITURE of all the retirement and other benefits due him, except accrued leave credits, and DISQUALIFICATION from reinstatement or appointment to any public office, including government-owned or - controlled corporations, plus a FINE i…

Decision

Ruling

WHEREFORE, the Court rules as follows: 1. Respondent Judge Hermes B. Montero, then Presiding Judge of the Regional Trial Court of Toledo City, Cebu, Branch 59, is GUILTY of Gross Ignorance of the Law or Procedure, and accordingly, is meted with the penalties of FORFEITURE of all the retirement and other benefits due him, except accrued leave credits, and DISQUALIFICATION from reinstatement or appointment to any public office, including government-owned or - controlled corporations, plus a FINE in the amount of P200,000.00. He is also found GUILTY of Gross Neglect of Duty in the Performance or Non­ Performance of Official Functions, and accordingly, is meted out with the penalty of a FINE in the amount of P200,000.00; 2. Respondent Atty. Ma. Gay A. Erni-Puentenegra, then Branch Clerk of Court of the Regional Trial Court of Toledo City, Cebu, Branch 59, is GUILTY of Simple Neglect of Duty in the Performance or Non-Performance of Official Duties, and accordingly, is meted out with the penalty of a FINE in the amount of P100,000.00; and 3. Respondent Annabelle U. Rodriguez, Process Server of the Regional Trial Court of Toledo City, Cebu, Branch 59 is GUILTY of Simple Neglect of Duty in the Performance or Non-Performance of Official Duties and accordingly, is meted out with the penalty of SUSPENSION from office without salary and other benefits for a period of six (6) months. SO ORDERED.