Court Personnel OCC vs. Llamas

Court Personnel of OCC-RTC San Carlos City vs. Llamas Facts: An Administrative Administrative Case against against Oscar T. T. Llamas was fled by his co-e co-emp mplo loye yees es at the the Oce Oce o the the Cler Cler  o !TC-"a C-"an n Carl Carlos os City City## $angasi angasina nan n or being being dis discor corteo teo%s# %s# dis disre resp spect ect%l %l and his &nbec &nbecomi oming ng Cond%ct.  The complainants alleged that the respondent respondent has been showing signs o belligerence towards his s%periors and co-employees by banging and slamming his drawers# window 'alo%sis# stapler and p%nchers# he is showing signs o tardiness and absenteeism# he always leave the oce witho%t the permission o his s%perior# he is always o%t o the oce drining alcohols and li(%ors and he also alsifed his leave orm# which prompted prompted his s%perio s%periorr Atty Atty. Omega )oises to iss%e iss%e three three )emoranda )emoranda beca%s beca%se e o his his %npr %nproe oess ssion ionali alism# sm# the frst frst to call call his his attent attention ion to his drin drining ing sessio sessions ns d%rin d%ring g oce oce ho%rs ho%rs and his highl highly y hostil hostile e attit% attit%de* de* second# to call his attention on his tardiness and re(%ent absenteeism which ca%sed him his prod%ctivity bon%s# +, allowance and his salary* and fnally when he altered his leave orm by maing it appear that he had applied or a leave by altering the dates on his leave orm.  The respondent respondent alleged that he had already resigned rom his oce and transerred to )etropolitan Trial Co%rt# ,ag%pan City# beca%se o this oregoing the decision o +%dge C. Laron# the investigating '%dge recommending his dismissal rom the service has already become moot.

Issue: hether or not not the resignation resignation o the acc%sed acc%sed sho%ld sho%ld ca%se the dismissal o the case against the respondent. Held: The The very very nat% nat%rre o the d%ti d%ties es and and respo espons nsib ibil ilit itie ies s o p%bl p%blic ic serva ervan nts is to adher dhere e to# hold old sacred and and rend ender invio nviollate ate the the consit%tional principle that a p%blic oce is a p%blic tr%st* that all p%blic ocers and employees m%st at all times be acco%ntable to the people# serve them with %tmost responsibility# integrity# loyalty and eciency. $%blic $%blic service service re(%ir re(%ires es integrit integrity y and discipli discipline. ne. or or this reason# reason# p%blic p%blic servan servants ts m%st m%st e/hib e/hibit it at all times times the highest highest sense sense o honest honesty y and dedication to d%ty. $%blic ocers and employees m%st at all times be acco%nta acco%ntable ble to the people# people# serve serve them with %tmost %tmost respons responsibili ibility ty and integrity# loyalty and eciency. 0mployees o the '%diciary are e/pected to accord respect to the person and the rights o another# even a co-employee. Their every act and word sho%ld be characteri1ed by pr%dence# restraint# co%rtesy and dign dignit ity y. 2ove 2overn rnme ment nt serv servic ice e is peop people le-or -orie ient nted ed** high high-s -str tr%n %ng g and and belligerent behavior has no place therein. Co%rt personnel m%st act with strict propriety and proper decor%m to earn p%blic tr%st or the '%diciary  The resignation resignation o the respondent respondent is o no conse(%ence to the charges against him# the '%risdiction o the Co%rt was ac(%ired at the time o o the fling o the complaint# it was not lost by the resignation o  the respondent rom his oce d%ring the pendency o the case. "ince respo responde ndent nt has not been been repor reportin ting g or wor wor and and consid considers ers himse himsel  l  resigned rom the service# the penalty o s%spension is no longer viable.  Th%s# in lie% o s%spension# the penalty o fne e(%ivalent to his salary or a period o si/ months may be imposed. This r%ling is in line with "ec. 34 o the Omnib%s !%les 5mplementing 6oo 7 o 0/ec%tive Order 8o. 949. which provides: The penalty o transer# or demotion# or fne may be imposed instead o s%spension rom one month and one day to one year e/cept in case o fne which shall not e/ceed si/ months.;

<0!0O!0# Oscar T. Llamas is o%nd g%ilty and is ordered to pay a fne e(%ivalent to his salary or si/ months.