G.R. No. 219062 - OFFICE OF THE DEPUTY OMBUDSMAN FOR MINDANAO, VS. ANTONIETA A. LLAUDER.

Ruling

Accordingly, it stated that Llauder and Aranton should not be made to suffer the full force of law. [22] Meanwhile, the Office of the Deputy Ombudsman absolved Dacup of liability, finding that "she had nothing to do" [23] with the registration of the marriage certificate. [24] The dispositive portion of the Decision read: WHEREFORE , this Office finds herein respondents Aranton and Llauder guilty of the administrative charges of Gross Neglect of Duty and Conduct Prejudicial To The Best Interest of Public Service, and are hereby meted the penalty of Six (6) months Suspension. The charge against respondent Dacup is hereby dismissed for lack of evidence. Moreover, to prevent a similar case in the future the Office of the Civil Registrar General, Manila is hereby ordered to al so look into this matter being a part of their regulatory power. The Honorable Mayor of Iligan City is hereby directed to implement the aforementioned sanction against respondents Norma Aranton and Antonieta Llauder. A report on the implementation of the said sanction against herein respondents should be submitted to this Office within ten (10) days after the implementation thereof. SO DECIDED. [25] Both Llauder and Aranton moved for reconsideration. [26] In her Motion for Reconsideration, Llauder reiterated that since the City Prosecutor had recommended the application's approval, she had no choice but to indorse the application for the issuance and authentication of its security papers. [27] On July 28, 2008, a Notice of Suspension was issued by Iligan City Mayor Lawrence Cruz, suspending Llauder and Aranton from office from July 29, 2008 until January 31, 2009. [28] On August 18, 2008, Edmilao filed an Affidavit of Desistance, asking that his Complaint against Llauder, Aranton, and Dacup be withdrawn. He stated that he was remorseful for filing the case when there was no proof of any malice on their part. In light of this, Llauder filed a Motion to Dismiss the administrative case on August 20, 2008. [29] Nevertheless, Llauder's Motion to dismiss the case, along with her and Aranton's Motions for Reconsideration, was denied by the Office of the Deputy Ombudsman in its October 16, 2008 Order. [30] Only Llauder filed a Petition for Review [31] before the Court of Appeals. She reiterated that she did not go beyond her duties and functions. When the marriage certificate was presented by an unidentified woman for delayed registration, she indorsed it to Aranton. Aranton then indorsed it to the City Prosecutor, who then returned it with a favorable review. [32] Llauder emphasized that she only entered the marriage certificate in the books and assigned it its registry number after the City Prosecutor's favorable review and evaluation. She further contended that her duty as an assistant registration officer is ministerial and that she had no authority to overturn a prosecutor's favorable recommendation. [33] Besides, Llauder claimed, Edmilao's Affidavit of Desistance should have had