A.M. No. P-02-1548 - ROBERT E. VILLAROS, COMPLAINANT, VS. RODOLFO ORPIANO, COURT STENOGRAPHER III & OFFICER-IN-CHARGE, REGIONAL TRIAL COURT, BRANCH 32, GUIMBA, NEVA ECIJA.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, the clerk of court was dismissed from service. Indeed, the respondent's act of unduly soliciting money constitutes dishonesty, a grave offense punishable by dismissal at the first instance. [18] In Office of the Court Administrator vs. Magno , [19] the Clerk of Court was found guilty of dishonesty for soliciting "grease money" in order to facilitate the implementation of a writ of execution. In her defense, she asserted that the amount was intended to cover the sheriff's expenses for the implementation of a demolition order. She was dismissed from service. Said the Court: "We are convinced that the inculpatory acts committed by respondent Clerk of Court Magdalena Magno are so grave as to call for the most severe penalty. Dishonesty, being in the nature of a grave offense, carries the extreme penalty of dismissal from the service with forfeiture of retirement benefits except accrued leave credits, and perpetual disqualification for reemployment in the government service. This penalty is in accordance with Sections 52 and 58, Rule IV of the Civil Service Commission Memorandum Circular No. 19, Series of 1999 (Revised Uniform On Administrative Cases In The Civil Service), x x x." [20] However, the accrued leave credits of the respondent shall not be forfeited, in accordance with the recent case of Fojas, Jr. vs. Rollan [21] where, despite the imposition of the penalty of dismissal from government service, leave benefits were not forfeited. Furthermore, even when the penalty is dismissal, the forfeiture of leave credits is not imposed by the applicable rule found in Section 58 of the Uniform Rules on Administrative Cases in the Civil Service. WHEREFORE , this Court finds Rodolfo Orpiano, Court Stenographer III and Officer-In-Charge of the Regional Trial Court (RTC) of Nueva Ecija, Branch 32, GUILTY of improper solicitation; and imposes upon him the penalty of DISMISSAL from the service with cancellation of civil service eligibility, forfeiture of retirement benefits, and disqualification from reemployment in government service, including that in government-owned or controlled Corporations. SO ORDERED.