Friday, April 24, 2015

The Uniform Rules on Administrative Cases in the Civil Service states that conviction for a crime involving moral turpitude is a grave offense and upon the first offense, the penalty of dismissal must be meted out. - A.M. No. P-11-2917

See  - A.M. No. P-11-2917



A.M. No. P-11-2917               
December 2, 2014
MARIVIC C. VITOR, Complainant, 
vs. CAROLINE GRACE ZAFRA, COURT STENOGRAPHER II, METROPOLITAN TRIAL COURT, BRANCH 71, PASIG CITY, Respondent.


"x x x.

Accordingly, Zafra was guilty of the administrative charge of willful failure to pay just debts. The Uniform Rules on Administrative Cases in the Civil Services defines "just debts" as those (1) claims adjudicated by a court of law, or (2) claims the existence and justness of which are admitted by the debtor. Under the Uniform Rules, willful failure to pay just debts is classified as a light offense with the corresponding penalty of reprimand for the first offense, suspension for one to 30 days for the second offense, and dismissal for the third offense. With her indebtedness having been adjudicated with finality by a court of law, her liability under the law is undisputed. Since she committed the offense for the first time, the appropriate penaltyis reprimand.15 However, the conviction of Zafra of criminal offenses requires the imposition of higher penalties. This is particularly so here, considering that Court has already classified and characterized the violation of Batas Pambansa Blg. 22 as a crime involving moral turpitude.16 Under the Administrative Code of 1987, a conviction for a crime involving moral turpitude is a ground for disciplinary action. In that regard, the Uniform Rules on Administrative Cases in the Civil Service states that conviction for a crime involving moral turpitude isa grave offense and upon the first offense, the penalty of dismissal must be meted out. It is clear, therefore, that Zafra should be dismissed from the service for having been convicted by final judgment of Batas Pambansa Blg. 22 violations. Verily, her criminal convictions evinced her absolute unfitness and unworthiness to remain in the service of the Judiciary, a department of the Government that demands from its officers and employees the highest degree of integrity and reputation.

x x x."

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