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JurisprudenceA.M. No. MTJ-19-1927

A.M. No. MTJ-19-1927 (Formerly OCA IPI No. 15-2764-MTJ) - RAQUEL L. BANAWA AND SIMONE JOSEFINA L. BANAWA, COMPLAINANTS, VS. HON. MARCOS C. DIASEN, JR., THEN PRESIDING JUDGE, VICTORIA E. DULFO, CLERK OF COURT III AND RICARDO R. ALBANO, SHERIFF III, ALL OF BRANCH 62, METROPOLITAN TRIAL COURT, MAKATI C

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TL;DR — Ruling

WHEREFORE , the Court: (1) finds Clerk of Court III Victoria E. Dulfo and Sheriff III Ricardo R. Albano, Metropolitan Trial Court, Branch 62, Makati City, GUILTY of simple neglect of duty and imposes upon them the penalty of SUSPENSION FROM OFFICE for a period of two (2) months without pay, with a STERN WARNING that a repetition of the same or similar acts will be dealt with more severely; and, (2) finds Hon. Marcos C.

Decision

Ruling

Accordingly, the Court finds Judge Diasen similarly guilty of simple neglect of duty. Given that Judge Diasen has already retired from the service on January 27, 2017, the Court imposes upon him a fine in the amount of P20,000.00, to be deducted from his retirement benefits. WHEREFORE , the Court: (1) finds Clerk of Court III Victoria E. Dulfo and Sheriff III Ricardo R. Albano, Metropolitan Trial Court, Branch 62, Makati City, GUILTY of simple neglect of duty and imposes upon them the penalty of SUSPENSION FROM OFFICE for a period of two (2) months without pay, with a STERN WARNING that a repetition of the same or similar acts will be dealt with more severely; and, (2) finds Hon. Marcos C. Diasen, Jr., then Presiding Judge, Metropolitan Trial Court, Branch 62, Makati City, GUILTY of simple neglect of duty and orders him to pay a FINE in the amount of Twenty Thousand Pesos (P20,000.00), the same to be deducted from his retirement benefits. SO ORDERED.