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JurisprudenceA.M. NO. P-04-1838

A.M. NO. P-04-1838

Cited Laws

RA 187,RA 79,RA 230,RA 240RA 629RA 199RA 315RA 430,RA 55RA 572
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TL;DR — Ruling

WHEREFORE , the following respondents are found guilty of Dishonesty and they are meted the following penalties: Loida Moralejo is FINED in the amount of P 5,000.00; Elma Dabbay is FINED in the amount of P 5,000.00; Virginia Peralta is FINED in the amount of P 5,000.00; Heidwig Marie Balicanta is FINED in the amount of P 5,000.

Decision

Ruling

accordingly betrays not only a recalcitrant streak in character, but also disrespect for the Court's lawful order and directive. In Soria v. Villegas , [15] it was held that a judge who deliberately and continuously fails and refuses to comply with the resolution of this Court is guilty of gross misconduct and insubordination. Judges are subject to human limitations. [16] It is not lost upon us that the respondent suffered from serious ailments and was hospitalized therefor. However, while these circumstances will not exculpate him from administrative liability, they may be considered as mitigating circumstances. [17] As recommended by the OCA, he should be fined the amount of P 1,000.00. WHEREFORE , the following respondents are found guilty of Dishonesty and they are meted the following penalties: Loida Moralejo is FINED in the amount of P 5,000.00; Elma Dabbay is FINED in the amount of P 5,000.00; Virginia Peralta is FINED in the amount of P 5,000.00; Heidwig Marie Balicanta is FINED in the amount of P 5,000.00; Paquito del Rosario is FINED in the amount of P 2,000.00; and Andresito Robles is FINED in the amount of P 2,000.00. All the above respondents are STERNLY WARNED that the commission of the same or similar offense in the future shall be dealt with more severely. For failing to promptly comply with the directives of the Office of the Court Administrator and of this Court, Judge Juan C. Nabong, Jr. is FINED in the amount of P 1,000.00 to be deducted from his retirement benefits. The cases against Nenita Robles and the deceased Guillermo dela Cruz are DISMISSED . SO ORDERED.