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JurisprudenceA.M. No. P-03-1702

A.M. No. P-03-1702 (Formerly OCA IPI No. 01-1067-P) - JUDGE LYDIA Q. LAYOSA, COMPLAINANT, VS. TONETTE M. SALAMANCA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 217.R E S O L U T I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 190,
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TL;DR — Ruling

WHEREFORE, we respectfully recommend that respondent Tonette M. Salamanca be dismissed from the service considering the gravity of the charges against her. After a careful study, and with due regard to the facts of the case and the pleadings submitted by the parties, the Court agrees with the conclusion reached by the Investigating Judge. Despite all the opportunities accorded to respondent to present a substantial defense to refute the charges against her, she failed to do so.

Decision

Ruling

WHEREFORE, we respectfully recommend that respondent Tonette M. Salamanca be dismissed from the service considering the gravity of the charges against her. After a careful study, and with due regard to the facts of the case and the pleadings submitted by the parties, the Court agrees with the conclusion reached by the Investigating Judge. Despite all the opportunities accorded to respondent to present a substantial defense to refute the charges against her, she failed to do so. Obviously, her bare denials could not prevail over the positive evidence submitted by complainant. By stealing and encashing the complainant's check, she blatantly degraded the judiciary and diminished the respect and regard of the people for the court and its personnel. Every employee of the judiciary should be an example of integrity, morality and honesty. Like any public servant, she must exhibit the highest sense of trustworthiness and rectitude not only in the performance of her official duties but also in her personal and private dealings with other people, to preserve the court's good name and standing as a true temple of justice. [1] It cannot be overstressed that the image of a court of justice is mirrored in the conduct, official and otherwise, of the personnel who work there, from the judge to the lowest employee. In Court Administrator vs. Sevillo, [2] we lamentably portrayed respondents therein as a common thief for stealing mail matters, just like respondent herein. Respondent does not deserve to stay a minute longer in the judicial service. We concur with the conclusion of the Investigating Judge that respondent's act of encashing complainant's check without her knowledge and authority constitutes gross misconduct and dishonesty. WHEREFORE , respondent Tonette M. Salamanca, Court Stenographer III of the RTC of Quezon City, Branch 217, is hereby found GUILTY of serious misconduct and dishonesty, and is hereby DISMISSED from the service, with forfeiture of all retirement benefits, except accrued leave credits, and with prejudice to re-employment in any branch or instrumentality of the government, including government-owned or -controlled corporations. This resolution is immediately executory. SO ORDERED.