A.M. No. P-16-3595 (Formerly OCA I.P.I. No. 15-4446-P) - HON. DENNIS PATRICK Z. PEREZ, PRESIDING JUDGE, BRANCH 67, REGIONAL TRIAL COURT, BINANGONAN, RIZAL, COMPLAINANT, V. ALMIRA L. ROXAS, CLERK III, BRANCH 67, REGIONAL TRIAL COURT, BINANGONAN, RIZAL.

Ruling

accordingly because of lack of consideration. If she ever received any amount from them, it was because the same was voluntarily given as it has become an accepted practice, and that it just so happened that she was the one who had direct dealing with them. She further insisted that if she ever received money from them, it was intended for the office and not for her. Roxas, thus, prayed that the counter­ complaint filed by Judge Perez against her be dismissed for lack of factual and legal basis, and that she be reinstated to her previous position, or be transferred to other offices with the same rank and benefits. In his Reply [12] dated January 7, 2016, Judge Perez averred that Roxas wove again a web of lies in vain attempt to slander him and Atty. Diumano. He alleged that Roxas actually perjured when she stated in her complaint that she was removed from the service when she was actually on AWOL and corrupt. Judge Perez stated that he will no longer dwell on Roxas' comments considering the latter has already been dropped from the roll of employees. He lamented that his main concern was that Roxas incurred four (4) loans with the Supreme Court Savings and Loan Association, Inc. ( SCSLAI ) before she went on AWOL and left her co-makers carrying the burden of paying the same. Judge Perez added that he requested the OCA to freeze or hold whatever benefits may be left to Roxas and to apply the same as payment of her loans so as to lift the financial burdens she placed on her friends and colleagues. He further manifested that although Roxas was already separated from the service for being on AWOL, the Resolution [13] dated August 11, 2014 stated that she can still be reemployed in the government, thus, Judge Perez prayed that the instant case be resolved on the merits as to perpetually disqualify Roxas from re-employment in the government. In her Comment to the Complainant's Reply (with Manifestation) [14] dated February 22, 2016, Roxas reiterated her allegations in her comment. She claimed that she was unjustly branded as corrupt and incompetent. Roxas alleged that Judge Perez was just really bent on removing her from the service, and merely used the said practice of receiving money from bondsmen as a ground to force her to sign the resignation letter. On September 14, 2016, the OCA recommended that the instant administrative complaint be re-docketed as a regular administrative matter. It found Roxas guilty of gave misconduct and recommended that she be dismissed from service. However, considering that she has been dropped from the rolls effective October 15, 2013 for being AWOL, the OCA instead recommended that Roxas be imposed of the accessory penalties of forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification from re-employment in any government instrumentality, including government-owned and controlled corporation. We adopt the findings and recommendation of the OCA. As the Court pronounced in Judge Doming