A.M. No. P-13-3156 (Formerly A.M. OCA IPI No. 08-3012-P) - OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. ISABEL A. SIWA, STENOGRAPHER, METROPOLITAN TRIAL COURT, BRANCH 16, MANILA.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE , we find respondent Edgardo A. Montalla, Stenographer, Regional Trial Court, Branch 29, San Miguel, Zamboanga del Sur, GUILTY of Gross Neglect of Duty. We DISMISS him from the service and FORFEIT his retirement benefits, except accrued leave credits. He is further disqualified from reemployment in the Judiciary. This judgment is immediately executory. Absin is on all fours applicable. Here, it had been sufficiently established that despite the clear provision of Administrative Circular No. 24-90, respondent failed to submit and account for the TSNs assigned to her. Respondent's infractions warrant the imposition of the penalty of dismissal from service, if not for the fact that she is already out of the service as a result of retirement. The Civil Service Commission's Memorandum Circular No. 30, Series of 1989, [8] however, provides that "the penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture of leave credits and retirement benefits, and the disqualifications for re-employment in the government service." Hence, in line with present jurisprudence, in lieu of dismissal from service, we deem it proper to impose the penalty of forfeiture of her retirement benefits, except accrued leave credits. [9] IN VIEW OF THE FOREGOING , the Court finds respondent Isabel A. Siwa, former Court Stenographer, Branch 16, Metropolitan Trial Court, City of Manila, GUILTY of Gross Neglect of Duty. In lieu of dismissal from service, which may no longer be imposed owing to her retirement, as a penalty for her offense, all her retirement benefits, except accrued leave credits, are hereby FORFEITED . She is further disqualified from any reemployment in any branch or instrumentality of the government, including government-owned or controlled corporations and financial institutions. This judgment is immediately executory. SO ORDERED.