Court Personnel of OCC-RTC San Carlos City vs.

Llamas
Facts: An Administrative Case against Oscar T. Llamas was filed by his
co-employees at the Office of the Clerk of RTC-San Carlos City,
Pangasinan for being discorteous, disrespectful and his Unbecoming
Conduct.
The complainants alleged that the respondent has been showing
signs of belligerence towards his superiors and co-employees by banging
and slamming his drawers, window jalousis, stapler and punchers, he is
showing signs of tardiness and absenteeism, he always leave the office
without the permission of his superior, he is always out of the office
drinking alcohols and liquors and he also falsified his leave form, which
prompted his superior Atty. Omega Moises to issue three Memoranda
because of his unprofessionalism, the first to call his attention to his
drinking sessions during office hours and his highly hostile attitude;
second, to call his attention on his tardiness and frequent absenteeism
which caused him his productivity bonus, JDF allowance and his salary;
and finally when he altered his leave form by making it appear that he
had applied for a leave by altering the dates on his leave form.
The respondent alleged that he had already resigned from his
office and transferred to Metropolitan Trial Court, Dagupan City, because
of this foregoing the decision of Judge C. Laron, the investigating judge
recommending his dismissal from the service has already become moot.
Issue: Whether or not the resignation of the accused should cause the
dismissal of the case against the respondent.
Held: The very nature of the duties and responsibilities of public
servants is to adhere to, hold sacred and render inviolate the
consitutional principle that a public office is a public trust; that all public
officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty and efficiency.
Public service requires integrity and discipline. For this reason, public
servants must exhibit at all times the highest sense of honesty and
dedication to duty. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility and
integrity, loyalty and efficiency.
Employees of the judiciary are expected to accord respect to the
person and the rights of another, even a co-employee. Their every act
and word should be characterized by prudence, restraint, courtesy and
dignity. Government service is people-oriented; high-strung and
belligerent behavior has no place therein. Court personnel must act with
strict propriety and proper decorum to earn public trust for the judiciary
The resignation of the respondent is of no consequence to the
charges against him, the jurisdiction of the Court was acquired at the
time of of the filing of the complaint, it was not lost by the resignation of
the respondent from his office during the pendency of the case. Since
respondent has not been reporting for work and considers himself
resigned from the service, the penalty of suspension is no longer viable.
Thus, in lieu of suspension, the penalty of fine equivalent to his salary for
a period of six months may be imposed. This ruling is in line with Sec. 19
of the Omnibus Rules Implementing Book V of Executive Order No. 292.
which provides: The penalty of transfer, or demotion, or fine may be
imposed instead of suspension from one month and one day to one year
except in case of fine which shall not exceed six months.

WHEREFORE, Oscar T. Llamas is found guilty and is ordered to pay

a fine equivalent to his salary for six months.