A.M. No. P-87-73 - SEPTEMBER 1995 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE A.M. No. P-87-73September 1, 1995 Bernardo P. Pardo vs. Angelie V. Cunanan A.M. No. 93-2-1001-RTCSeptember 5, 1995 Inocencio E. Dumlao vs. Villapaña, et al. G.R. No. 103627September 5, 1995 People of the Philippines vs. Moises O. Bacamante G.R. No. 94-10-96-MTCCSeptember 5, 1995 In Re: Report On the Judicial Audit And Physical Inventory G.R. No. 98362September 5, 1995 People of the Philippines vs. George P. Agustin G.R. Nos. 114523-24September 5, 1995 The People of the Philippines vs. Paquito Loto, et al. A.M. No. 4103September 7, 1995 Veronica S. Santiago, et al. vs. Amado R. Fojas G.R. No. 90623September 7, 1995 People of the Philippines vs. Leopoldo Pacapac, et al. G.R. No. 95494September 7, 1995 Lapanday Workers Union, et al. vs. National Labor Relations Commission, et al. G.R. No. 98015September 7, 1995 People of the Philippines vs. Saturnino Dulatre, Jr, et al. G.R. Nos. 111294-95September 7, 1995 People of the Philippines vs. Walter Nacional, et al. G.R. No. 118746September 7, 1995 Wilfredo Taganas vs. National Labor Relations Commission, et al. G.R. No. 89213September 8, 1995 People of the Philippines vs. Redentor Esquilona G.R. No. 111744September 8, 1995 Lourdes G. Marcos, et al. vs. National Labor Relations Commission, et al. G.R. No. 93898September 11, 1995 People of the Philippines vs. Rolito Baltazar Cabrera, et al. G.R. Nos. 97953-56September 14, 1995 People of the Philippines vs. Geronimo Mariñas, et al. G.R. No. 110388September 14, 1995 Artemio Labor, et al. vs. National Labor Relations Commission, et al. G.R. No. 113785September 14, 1995 People of the Philippines vs. Ely Cabiles, et al. G.R. No. 118585September 14, 1995 Ajax Marketing & Dev. Corp., et al. vs. Court of Appeals, et al. G.R. No. 108293September 15, 1995 People of the Philippines vs. David H. Manzano, et al. A.M. No. P-95-1114September 18, 1995 Erlinda C. Policarpio vs. Armando E. Fortus G.R. No. 98428September 18, 1995 People of the Philippines vs. Pedro Laroa G.R. No. 115218September 18, 1995 Angel O. Rodriguez, et al. vs. Court of Appeals, et al. G.R. No. 119976September 18, 1995 Imelda Romualdez-Marcos vs. Commission On Elections, et al. G.R. No. 120265September 18, 1995 Agapito A. Aquino vs. Commission On Elections, et al. A.M. No. MTJ-91-608September 20, 1995 Bernardo Q. Cuaresma vs. alfredo R. Enriquez G.R. No. 109943September 20, 1995 People of the Philippines vs. Jose Salazar, et al. G.R. No. 105316September 21, 1995 People of the Philippines vs. Rene J. Lamsing G.R. No. 108598September 21, 1995 People of the Philippines vs. Ronnie Amania, et al. G.R. No. 114418September 21, 1995 Estanislao Bodiongan vs. Court of Appeals, et al. A.M. No. P-93-796September 22, 1995 Marieta B. Briones vs. Nonilon A. Caniya A.M. No. RTJ-93-956September 27, 1995 Panfilo S. Amatan vs. Vicente Aujerio G.R. No. 111872September 27, 1995 People of the Philippines vs. Remigio Maturgo, Sr., et al. G.R. No. 115394September 27, 1995 Fe S. Sebuguero, et al. vs. National Labor Relations Commission, et al. G.R. No. 115902September 27, 1995 Filinvest Credit Corp. vs. Court of Appeals, et al. G.R. No. 120422September 27, 1995 Romeo Acop, et al. vs. the Office of the Ombudsman, et al. G.R. No. 93833September 28, 1995 Socorro D. Ramirez vs. Court of Appeals, et al. OCA I.P.I. No. 95-62-RTJSeptember 28, 1995 Belinda Luistro Mañozca vs. Roger A. Domagas G.R. No. 104275September 28, 1995 People of the Philippines vs. Salvador Bulaybulay G.R. No. 115367September 28, 1995 People of the Philippines vs. Eleuterio De Leon, et al. G.R. No. 100462September 29, 1995 People of the Philippines vs. Rufo Llenaresas G.R. No. 114302September 29, 1995 People of the Philippines vs. Camilo O. Montesa, Jr., et al. G.R. No. 114337September 29, 1995 Nitto Enterprises vs. National Labor Relations Commission, et al. The Lawphil Project - Arellano Law Foundation, Inc. Bernardo P. Pardo vs. Angelie V. Cunanan Inocencio E. Dumlao vs. Villapaña, et al. People of the Philippines vs. Moises O. Bacamante In Re: Report On the Judicial Audit And Physical Inventory People of the Philippines vs. George P. Agustin The People of the Philippines vs. Paquito Loto, et al. Veronica S. Santiago, et al. vs. Amado R. Fojas People of the Philippines vs. Leopoldo Pacapac, et al. Lapanday Workers Union, et al. vs. National Labor Relations Commission, et al. People of the Philippines vs. Saturnino Dulatre, Jr, et al. People of the Philippines vs. Walter Nacional, et al. Wilfredo Taganas vs. National Labor Relations Commission, et al. People of the Philippines vs. Redentor Esquilona Lourdes G. Marcos, et al. vs. National Labor Relations Commission, et al. People of the Philippines vs. Rolito Baltazar Cabrera, et al. People of the Philippines vs. Geronimo Mariñas, et al. Artemio Labor, et al. vs. National Labor Relations Commission, et al. People of the Philippines vs. Ely Cabiles, et al. Ajax Marketing & Dev. Corp., et al. vs. Court of Appeals, et al. People of the Philippines vs. David H. Manzano, et al. Erlinda C. Policarpio vs. Armando E. Fortus People of the Philippines vs. Pedro Laroa Angel O. Rodriguez, et al. vs. Court of Appeals, et al. Imelda Romualdez-Marcos vs. Commission On Elections, et al. Agapito A. Aquino vs. Commission On Elections, et al. Bernardo Q. Cuaresma vs. alfredo R. Enriquez People of the Philippines vs. Jose Salazar, et al. People of the Philippines vs. Rene J. Lamsing People of the Philippines vs. Ronnie Amania, et al. Estanislao Bodiongan vs. Court of Appeals, et al. Marieta B. Briones vs. Nonilon A. Caniya Panfilo S. Amatan vs. Vicente Aujerio People of the Philippines vs. Remigio Maturgo, Sr., et al. Fe S. Sebuguero, et al. vs. National Labor Relations Commission, et al. Filinvest Credit Corp. vs. Court of Appeals, et al. Romeo Acop, et al. vs. the Office of the Ombudsman, et al. Socorro D. Ramirez vs. Court of Appeals, et al. Belinda Luistro Mañozca vs. Roger A. Domagas People of the Philippines vs. Salvador Bulaybulay People of the Philippines vs. Eleuterio De Leon, et al. People of the Philippines vs. Rufo Llenaresas People of the Philippines vs. Camilo O. Montesa, Jr., et al. Nitto Enterprises vs. National Labor Relations Commission, et al. The Lawphil Project - Arellano Law Foundation, Inc.
Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION
A.M. No. P-87-73 September 1, 1995
JUDGE BERNARDO P. PARDO,complainant,
vs.
ANGELIE V. CUNANAN,respondent.
R E S O L U T I O N
MELO,J.:
Miss Angelie V. Cunanan was a Staff Assistant II of the Manila Regional Trial Court, Branch 43, at that time presided over by the Honorable Bernardo Pardo.
In a sworn letter-complaint dated April 6, 1987, addressed to the Office of the Court Administrator, Judge Bernardo charged Angelie Cunanan with conduct prejudicial to the best interest of the judicial service for frequent absences without approved leave and/or tardiness in reporting for work for the months of January, February and March 1987.
On April 14, 1987, then Court Administrator Leo D. Medialdea, by way of 1st Indorsement , required respondent to submit her comment.
In a letter dated November 6, 1990, Judge Pardo wrote the Office of the Court Administrator, informing said office that respondent had already resigned from her position effective June 1987 and that the latest information they received was that she was re-appointed to the Regional Trial Court, Branch 80, Quezon City.
In her comment dated August 1, 19911 respondent alleges that sometime in the early part of April 1987, she was constrained to subject herself to a rigid medical examination on account of recurring chest pains aggravated by shortness of breath and dizzy spells. As a consequence thereof, she was advised to take a rest but due to recurring chest pains she was forced to tender her resignation which was accepted, by this CourtEn Bancin its resolution of June 30, 1987. She thus, prayed, for the dismissal of the complaint for having become moot and academic.
Acting on the recommendation of then Court Administrator Josue Bellosillo, the Court, in its Resolution dated September 30, 1992 referred the case to the Vice-Executive Judge of the Manila Regional Trial Court, considering that the complainant was himself the Executive Judge, for investigation, report and recommendation.
The records of the case were referred to the Honorable Corona Ibay-Somera, then Vice Executive Judge, on November 10, 1992. However, it appears that the case was not acted upon until the records were finally forwarded to Executive Judge Bayhon on January 9, 1995.
In his Report and Recommendation dated May 23, 1995, Judge Bayhon observed that the resignation of respondent on May 31, 1987 and its acceptance, rendered the case moot and academic. Quoting the notice of acceptance of her resignation "your services while employed in this office have been satisfactory and your future application for reinstatement maybe favorably considered",
(p. 23Rollo), Judge Bayhon recommends the dismissal of this case.
The Office of the Court Administrator differs with the recommendation of Judge Bayhon. In its Memorandum dated July 11, 1995 the said office recommends that respondent be suspended for three months without pay, for the following reasons —
Respondent made untruthful statements when she accomplished her Personal Data Sheet in connection with her application for the position of Clerk II in RTC, Quezon City. One of the questions asked (Question 25) "Do you have any pending administrative/criminal case? If you have any, give particulars." Her answer was NONE and in (Question 26) "Have you ever been retired, dismissed, forced to resign from any employment for reason other than lack of funds or dropped from the rolls?" Her answer was NO.
Respondent committed an act of dishonesty when she failed to disclose the information that at the time she accomplished the personal data sheet she has no pending administrative case when in truth and in fact the instant case is still pending. Moreover, she also did not apprise the Court that she was a former employee of RTC, Manila and her appointment is not a new appointment but a re-appointment.
Records from the Leave Section also disclosed that she is very irregular in her attendance from work. For the current year she already incurred ten (10) absences from January to March, 1995 and was on leave for the whole month of April and May, 1995.
(pp. 2-3, Memorandum.)
We agree with the Office of the Court Administrator that respondent was less than candid when she failed to disclose the fact that she had a pending administrative case and that she was applying for re-appointment. However, as also correctly observed by Judge Bayhon, respondent's resignation and its acceptance thereof by this Court on July 8, 1987 had rendered said administrative case moot and academic (Raconse vs. Tumilde, 70 SCRA 458 [1976]; Vda. de Recario vs. Aquino, 61 SCRA 144 [1974]) and an order of dismissal on this ground should have been issued. Had this order of dismissal been issued in the meantime, then there would have been no pending case against her. It could even be that at the time respondent filled up the subject information sheet, she was under the impression that the case against her had already been dismissed. In her comment which she filed on August 1, 1991 she prayed for the dismissal of the case for having become moot and academic by reason of her resignation. Considering all these, coupled with the fact that in the notice of acceptance of her resignation, it was stated "your services while employed in this office have been satisfactory and your future application for reinstatement may be favorably considered", the Court believes that a one-month suspension is sufficient.
ACCORDINGLY, the Court Resolved to Suspend Angelie V. Cunanan from service for a period of one month without pay.
SO ORDERED.
Romero and Vitug, JJ., concur.
Feliciano, J., is on leave.