ASLC LAW

Good development in Cebu City.

SC Dismisses Sheriff Who Punched Litigant |

A sheriff who inflicted bodily harm on a litigant while enforcing a writ of ex*****on has been dismissed by the Supreme Court.

In a Per Curiam Decision, the Supreme Court adopted the findings of the Judicial Integrity Board (JIB) that Christopher T. Perez, Sheriff IV of Branch 74, Regional Trial Court, Olongapo City, Zambales (Sheriff Perez) should be penalized for grave abuse of authority and gross insubordination.

The Court concluded that Sheriff Perez indeed inflicted bodily harm upon Hanif and is hence guilty of grave abuse of authority, which is defined as a misdemeanor by a public officer, who under color of his or her office, wrongfully inflicts upon any person any bodily harm, imprisonment, or other injury.

The Court also underscored how sheriffs, who serve and implement court writs, execute processes, and carry into effect orders of the court, are expected to know the rules of procedure pertaining to their functions as court officers and show a high degree of professionalism at all times.

The Court similarly found Sheriff Perez guilty of gross insubordination for his repeated non-compliance with the OCA’s directive to furnish his comment. Such defiance constituted clear and willful disrespect, not just for the OCA, but for the Court, which exercises direct administrative supervision over trial court officers and employees through the OCA, held the Court.

The Court further stressed that court personnel subject to administrative complaints cannot just ignore directives for them to comment on a complaint as such shows utter lack of respect for the Court and the institution they represent.

Read more at https://sc.judiciary.gov.ph/sc-dismisses-sheriff-who-punched-litigant/.

SC Finds Lawyer Guilty of Grave Misconduct for Unlawful Taking of Case Records re: Murder of Ruby Rose Barrameda-Jimenez |

The Supreme Court has affirmed the dismissal of a former lawyer in the then Office of the Deputy Executive Secretary for Legal Affairs for grave misconduct and serious dishonesty after being found in possession of the missing case records in connection with the murder of Ruby Rose Barrameda-Jimenez (Barrameda), whose body was found covered in hardened concrete inside a steel drum in Navotas City in 2009.

In a Decision penned by Senior Associate Justice Marvic M.V.F. Leonen, the Court En Banc denied the petition for review on certiorari filed by Jerik Roderick V. Jacoba and granted the petition for review on certiorari filed by the Civil Service Commission (CSC) and former Executive Secretary Paquito N. Ochoa, Jr. (ES Ochoa). The consolidated petitions assailed the rulings of the Court of Appeals (CA) finding Jacoba guilty of simple misconduct.

In resolving the petitions, the Court first stressed that findings of facts of administrative bodies and quasi-judicial agencies, such as the CSC, when supported by substantial evidence, are treated with great respect and even finality by courts in recognition of the former’s specialty in their respective fields. The CSC, in particular, as the central personnel agency of the Government, is empowered to discipline its officials and employees in accordance with law, to ensure that only persons with proven integrity and fitness get the privilege of serving the public.

Among the transgressions investigated by the CSC are misconduct, or such unlawful behavior or gross negligence by a public officer. When attended with corruption, willful intent, or disregard of established rules, such misconduct is considered grave. Dishonesty, on the other hand, is the disposition to lie, cheat, deceive, or defraud, which is considered serious when it causes serious damage and grave prejudice to the government, exhibits moral depravity, or employs fraud, among other analogous circumstances.

In the present case, the Court found that the evidence on record substantially supports the CSC’s findings of fact that Jacoba committed grave misconduct and serious dishonesty. As noted by the CSC, the missing case records were never previously assigned to Jacoba, yet they were found in a cabinet owned and controlled by him.

Such grave misconduct and serious dishonesty warrant Jacoba’s dismissal and perpetual disqualification from government service, concluded the Court.

The Court also imposed the following accessory penalties on Jacoba: forfeiture of all retirement benefits; perpetual disqualification from re-employment in the government service; cancellation of civil service eligibility; and bar from taking the civil service examinations.

Read more at https://sc.judiciary.gov.ph/sc-finds-lawyer-guilty-of-grave-misconduct-for-unlawful-taking-of-case-records-re-murder-of-ruby-rose-barrameda-jimenez/. Read G.R. No. 240517 (CSC v. Executive Secretary Ochoa, Jr.) and G.R. No. 240688 (Jacoba v. CSC and Executive Secretary Ochoa, Jr., June 7, 2023) in full at https://sc.judiciary.gov.ph/240517-240688-civil-service-commission-and-paquito-n-ochoa-jr-executive-secretary-vs-jerik-roderick-v-jacoba-jerik-roderick-v-jacoba-vs-civil-service-commission-and-paquito-n-ochoa-jr-exec/.

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