A.M. No. P-23-084 [Formerly OCA IPI No. 11-3696-P] - JUDGE GENIE G. GAPAS-AGBADA, COMPLAINANT, VS. ATTY. LOUIE T. GUERRERO, CLERK OF COURT, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, VIRAC, CATANDUANES.

Ruling

WHEREFORE , in view of the foregoing, undersigned Investigating Justice hereby recommends the following: A.M. OCA IPI No. 11-369[6]-P (a) On the charge of insubordination, it is recommended that it be DISMISSED for lack of basis. (b) On the charge of discourtesy, it is recommended that Atty. Louie T. Guerrero be meted out the penalty of REPRIMAND , in line with Jaravata vs. Orencia , A.M. No. P-12-3035, promulgated on June 13, 2012, considering that this is Atty. Guerrero's first offense. (c) On the charge of violation of the Code of Conduct for Court Personnel, for recommending for employment (in the Judiciary) a member of his immediate family (Violation of Section 2[e], Canon III of the Code of Conduct for Court Personnel), it is recommended that the said charge be DISMISSED for lack of basis. However, as for electioneering (Violation of Section 45, P.D. 807 [Civil Service Law] and Sec. 55, Chapter 8, Subtitle A, Title I, Book V of the Administrative Code of 1987), the penalty prescribed by Section 22(h), Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292 and Other Pertinent Civil Service Laws is DISMISSAL FROM THE SERVICE. A.M. OCA IPI NO. 12-4000-RTJ The counter-charge against Judge Genie G. Gapas-Agbada is recommended DISMISSED for lack of merit. A.M. OCA IPI No. 12-2548 The charges against Judge Lorna Santiago are recommended DISMISSED for lack of merit. Meanwhile, as for the charge, against Aristotle Ramos, Orlando Arcilla and Isidro Guerrero, of punching the DTRs of other employees, it is recommended that Aristotle Ramos and Isidro Guerrero be FINED [P]5,000.00 each, with the STERN WARNING that any repetition of similar acts will be dealt with more severely. The charge against Orlando Arcilla is recommended DISMISSED , the same having already been the subject of A.M. No. P-10-2742, promulgated on December 14, 2009, for which Orlando Arcilla was meted the penalty of stern warning. A.M. OCA IPI No. 12-3996-P As for the charge of punching the DTRs of other employees, it is recommended that Karina Tabuzo be FINED [P]5,000.00, with the WARNING that any repetition of similar acts will be dealt with more severely. Regarding the charge that Karina Tabuzo travelled abroad from October 2007 to November 2010 without permission or clearance to travel from the Supreme Court, it is recommended that she be SEPARATELY INVESTIGATED for the same. A.M. OCA IPI No. 3764-RTJ The charges of conduct unbecoming of judge, falsehood and misdemeanor against Judge Genie G. [Gapas]-Agbada and Judge Lorna Santiago are recommended DISMISSED for lack of basis. [146] ( Emphases and italizations in the original .) Memorandum of the Office of the Court Administrator (OCA) Upon review, the OCA essentially adopted the foregoing Report and Recommendation, with modification, viz .: [147] WHEREFORE , in view of the foregoing, it is respectfully recommended for the consideration of the Honorable Court that: 1. A.M. OCA IPI No. 11-3696-P a. the administr