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JurisprudenceA.M. No. P-20-4075

A.M. No. P-20-4075 [Formerly OCA IPI-18-4786-P] - HON. PAMELA A. BARING-UY, COMPLAINANT, VS. MELINDA E. SALINAS, CLERK OF COURT III, AND KIM JOVAN L. SOLON, LEGAL RESEARCHER I, BOTH OF BRANCH 6, MUNICIPAL TRIAL COURT IN CITIES, CEBU CITY, CEBU.D E C I S I O N - Supreme Court E-Library

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TL;DR — Ruling

WHEREFORE, the Court finds respondents Melinda E. Salinas, Clerk of Court III, and Kim Jovan L. Solon, Legal Researcher I, both of Municipal Trial Court in Cities, Branch 6, Cebu City, Cebu, GUILTY of Simple Neglect of Duty. The Court imposes a FINE on Salinas in the amount of Ten Thousand Pesos (P10,000.

Decision

Ruling

Accordingly, we cannot countenance any conduct, act or omission on the part of all those involved in the administration of justice which would violate the norm of public accountability and diminish the faith of the people in the Judiciary. [20] The Court agrees with the OCA that Salinas and Solon are guilty of simple neglect of duty. But we take into account their admission of fault, expression of apology for their carelessness, the absence of malicious intent for the delay, and the fact that this is their first administrative charge. Hence, the recommended fine of P10,000.00 on Salinas is just and appropriate. We, however, are of the view that the recommended fine of P10,000.00 may be too burdensome for Solon considering that as Legal Researcher I, he holds a position equivalent to Salary Grade 12 and receives a monthly salary of P24,495.00. Thus, the Court deems it proper to reduce the recommended fine on Solon to P5,000.00. WHEREFORE, the Court finds respondents Melinda E. Salinas, Clerk of Court III, and Kim Jovan L. Solon, Legal Researcher I, both of Municipal Trial Court in Cities, Branch 6, Cebu City, Cebu, GUILTY of Simple Neglect of Duty. The Court imposes a FINE on Salinas in the amount of Ten Thousand Pesos (P10,000.00) and on Solon in the amount of Five Thousand Pesos (P5,000.00), with STERN WARNING that a repetition of the same or similar act in the future will be dealt with more severely. SO ORDERED.