Archive for September, 2019


CASE 2019-0023: RE: REPORT ON THE FINANCIAL AUDIT CONDUCTED AT THE MUNICIPAL TRIAL COURT IN CITIES, CEBU CITY (A.M. NO. P-17-3746, AUGUST 28, 2019, PER CURIAM) (SUBJECT/S: DISHONESTY, MISCONDUCT)

  

DISPOSITIVE:

  

“WHEREFORE, the Court finds Alma Bella S. Macaldo, Records Officer II, and Josefina P. Veraque, Cashier I, both of the Municipal Trial Court in Cities, Cebu City, GUILTY of DISHONESTY AND GRAVE MISCONDUCT. They are DISMISSED from the service, with prejudice to re-employment in any branch of the government, including government owned and controlled corporations. All their withheld salaries, allowances, and benefits, if any, excluding the monetary value of their earned leave credits, and whatever claims they may have with the Government Service Insurance System are FORFEITED in favor of the Judiciary Development Fund and the Special Allowance for the Judiciary Fund accounts. Macaldo  and Veraque are directed to restitute the remaining balance of accountabilities for the Judiciary Development Fund and Special Allowance for the Judiciary Fund.

 

The Financial Management Office of the Office of the Court Administrator is DIRECTED to compute the remaining balance to be paid by Alma Bella S. Macaldo and Josefina P. Veraque, if any, after the application of their earned leave credits, which is based on their service record, certificate of leave credits, notice of salary adjustment, and notice of step increment, if any, as well as withheld salaries and any other benefits that they may be entitled to receive.

 

The Office of the Court Administrator is ORDERED to file the appropriate criminal charges against Alma Bella S. Macaldo and Josefina P. Veraque.

 

Josephine R. Teves, Clerk of Court IV of the Municipal Trial Court in Cities, Cebu City, is likewise found GUILTY of SIMPLE NEGLECT OF DUTY and is SUSPENDED from office for one (1) month and one (1) day. She is ORDERED to IMMEDIATELY RESTITUTE the shortage in the Fiduciary Fund amounting to P28,709.06. She is STERNLY WARNED that a repetition of the same or similar offense shall be dealt with more severely.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT IS DISHONESTY?

 

Dishonesty is the disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray.

 

WHAT IS MISCONDUCT?

 

Misconduct is a transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, unlawful behavior, willful in character, improper or wrong behavior.

 

WHEN IS MISCONDUCT GRAVE?

 

It is grave when it involves any of the additional elements of corruption, willful intent to violate the law, or to disregard established rules.

 

CONCLUSION:

 

Tampering of official receipts and over withdrawals from court funds are considered grave misconduct and serious dishonesty.

 

 TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0023-Re – Report on the financial audit conducted at the Municipal Trial Court in Cities, Cebu City

 

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CASE 2019-0022: VICE MAYOR SHIRLYN L. BIÑAS-NOGRALES, ET AL. VS. COMMISSION ON ELECTIONS (G.R. NO. 246328. SEPTEMBER 10, 2019, CARANDANG, J.) (SUBJECT/S: ELECTIONS; SPECIAL LAW VS CONSTITUION) (BRIEF TITLE: BINAS=NOGRALES ET AL VS COMELEC)

  

DISPOSITIVE:

 

“WHEREFORE, the instant petition is hereby GRANTED. COMELEC Resolution No. 10524 is hereby declared NULL and VOID.The elections for the representative of the First Legislative District of South Cotabato, including General Santos City is UPHELD. COMELEC is hereby DIRECTED to CONVENE a Special Provincial Board of Canvassers to PROCLAIM petitioner Shirlyn L. Bafias-Nograles, the winning candidate, as Representative of the First Legislative District of South Cotabato, including General Santos City.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

“The 1987 Constitution is clear: Elections for Congress should be held on the 2nd Monday of May unless otherwise provided by law. The term “unless otherwise provided by law” contemplates two situations ( 1) when the law specifically states when the elections should be held on a date other than the second Monday of May; and (2) when the law delegates the setting of the date of the elections to COMELEC.

 

Section 1 of R.A. 11243 categorically states that the reapportionment of the 1st District shall “commence in the next national and local elections after the effectivity of this Act.” R.A. 11243 did not specifically provide for a different date. Neither did it delegate unto COMELEC the setting of a different date.

 

………..

 

Also, if We were to follow COMELEC’s interpretation, an incongruity would result as the winning candidate in COMELEC’s special elections34 would serve a term less than that provided for in Section 7, Article VI of the 1987 Constitution. Similar to Section 8, the only exception is when another term is “otherwise provided by law.” Again, R.A. 11243 did not provide for a term less than three years, as provided in the 1987 Constitution.

 

The elections for the First Legislative District of the Province of South Cotabato scheduled on May 13, 2019 should not have been suspended, and the candidate obtaining the most number of votes for the said position must be proclaimed. Consequently, the holdover provision under Section 2 of R.A. 11243 would be inapplicable since there would already be a newly elected and qualified Representative.”

  

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0022-Vice Mayor Shirlyn L. Biñas-Nograles, et al. Vs. Commission on Elections

 

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CASE 2019-0008: REY BEN P. MADRIO VS. ATLAS FERTILIZER CORPORATION (G.R. NO. 241445, 14 AUGUST 2019, PERLAS-BERNABE, J.)  (SUBECT/S: RETIREMENT PLAN) (BRIEF TITLE: MADRIO VS ALTAS FERTILIZER)

  

DISPOSITIVE:

 

“WHEREFORE, the petition is DENIED. The Decision dated June 20, 2018 of the Court of Appeals in CA-G.R. SP No. 08194-MIN is hereby AFFIRMED with MODIFICATION. The award of separation benefits  amounting to P84,150.00 in the Decision dated January 31, 2017 and the Resolution dated April 28, 201 7 of the National Labor Relations Commission in NLRC No. MAC-10-014668-2016 is hereby DELETED.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

WHO HAS THE BURDEN TO PROVE RETIREMENT BENEFITS UNDER A RETIREMENT PLAN?

 

IT IS THE EMPLOYEE. SEPARATION BENEFITS UNDER THE RETIREMENT PLAN ARE NOT IN THE NATURE OF BENEFITS INCURRED IN THE NORMAL COURSE OF BUSINESS SUCH AS SALARIES.

 

In light of these special conditions, it is fairly apparent that the separation benefits under the Retirement Plan are not in the nature of benefits incurred in the normal course of AFC’s business, such as salary  differentials, service incentive leave pay, or holiday pay. 48 As such, the burden is on the employee to prove his entitlement thereto; 49 failing in which, the latter should not be paid the same.

 

 TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2019-0021-Rey Ben P. Madrio Vs. Atlas Fertilizer Corporation 

 

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