OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. JUDGE MARYBELLE L. DEMOT­MARIÑAS, REGIONAL TRIAL COURT, BRANCH 8, LA TRINIDAD, BENGUET.

Ruling

accordingly betrays not only a recalcitrant streak in character, but also disrespect for the Court's lawful order and directive. Likewise, in Alonto-Frayna v. Astih , [14] a judge who deliberately and continuously fails and refuses to comply with the resolution of this Court is guilty of gross misconduct and insubordination, and was dismissed from service. Judging by the foregoing circumstances, the Court can only conclude that Judge Demot-Mariñas is guilty of gross inefficiency resulting in her unexplained failure to resolve pending cases and motions within the reglementary period despite several reminders and follow-ups, and gross misconduct for her non-compliance with the directives/orders of the OCA and this Court. In this scenario, Section 17 of the Omnibus Rules implementing the Civil Service Law states that if the respondent judge is found guilty of two or more charges or counts, the penalty imposed should be that corresponding to the most serious charge or counts and the rest may be considered aggravating circumstances. [15] The most serious of the charges against respondent judge is her gross misconduct, and her gross inefficiency is considered an aggravating circumstance. We would have imposed the penalty of dismissal from service on Judge Demot-Mariñas, however, considering that on December 10, 2015, she has filed her certificate of candidacy to run for public office, she is now deemed resigned from judicial office. Nevertheless, cessation from office by reason of resignation, death or retirement is not a ground to dismiss the case filed against her at the time that she was still in the public service. [16] Thus, in lieu of the penalty of dismissal for her unethical conduct and gross inefficiency in performing her duties as a member of the bench, We, however, impose instead the accessory penalty of forfeiture of all her retirement benefits, except accrued leave credits. Furthermore, she is barred from re-employment in any branch or service of the government, including government-owned and controlled corporations. WHEREFORE , premises considered, Judge Marybelle L. Demot-Mariñas, former Presiding Judge of Branch 8, Regional Trial Court, La Trinidad, Benguet is found GUILTY of Gross Misconduct and Gross Inefficiency. Her retirement benefits, if any, are declared FORFEITED as penalty for her offenses, except accrued leave credits, in lieu of dismissal from service which the Court can no longer impose. She is likewise barred from re-employment in any branch or instrumentality of government, including government-owned or controlled corporations. This Decision is immediately EXECUTORY . SO ORDERED.