A.M. No. P-02-1547 - ACTING PRESIDING JUDGE LEOPOLDO V. CAÑETE, COMPLAINANT, VS. NELSON MANLOSA, PROCESS SERVER, MTCC, BRANCH 4, CEBU CITY.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, subject to further investigation or review of this resolution, dismissal of respondent from the service is highly recommended. [7] In a 1 st Indorsement dated October 12, 1999, the Office of the Court Administrator (OCA) required the respondent to Comment on Judge Cañete's Letter-Complaint. [8] In a 1 st Tracer dated April 27, 2000, the OCA once more directed the respondent to submit the required Comment, otherwise, the case would be submitted for the consideration of the Court without it. In his Comment/Answer dated June 22, 2000, the respondent reiterated that since he entered the service, he made it a point to perform his duties and responsibilities. He stated that he was presently detailed at the MTCC, Branch 6 as process server under Presiding Judge Donato Sotero Navarro, and that the entire staff of the said court could attest to the fact that he is "functioning well." He further averred - 4) That upon receipt of the suspension order of Judge Sarmiento about one week after the date thereof, I immediately complied with the order and was indeed suspended for thirty (30) days; 5) That after the lapse of thirty (30) days, I reported back for duty and submitted my daily time records every month thereafter which were signed by our then Clerk of Court, Mrs. Gloria Agravante; though there were days/months wherein I was on sick leave, but I was able to submit the corresponding medical certificate thereto; 6) That I personally mailed to your office all my daily time records in each month until the present; however, If I remember it right, there were daily time records of mine that were signed by our OIC Clerk of Court, Ms. Teresita Remotigue, considering that Mrs. Agravante already retired from the service; ... 9) That the allegation that I am an AWOL, that is otherwise ( sic ), [be]cause record would show that I have submitted all my daily time records on every month since I reported for work after my suspension order with the corresponding medical certificate attached thereto until the present; ... [9] In the Report dated December 5, 2001, the OCA found that the respondent failed to sufficiently explain his absence before Executive Judge Sarmiento suspended him on August 3, 1999. "Apparent lack of dedication of the respondent to his work hampered the speedy disposition of justice and prejudiced the interest of the litigants and the integrity of the Judiciary." [10] Deputy Court Administrator Zenaida N. Elepaño made the following recommendations: That the instant administrative case be RE-DOCKETED as an administrative matter; Respondent be found GUILTY of gross neglect of duty and be SUSPENDED for a period of six (6) months; The matter of the Absence Without Official Leave by the respondent be REFERRED to the Office of Administrative Services for appropriate action. [11] The instant case was referred to Executive Judge Pampio A. Abarintos of the Regional Trial Court, 7 th Judicial Region, Cebu City for investigation, report and recommenda