Facts
Respondent Manatad is a Court Interpreter I of
the MTC in Southern Leyte against whom a complaint was filed by the petitioner
for disgraceful and misconduct in violation of the Civil Service Law.
Respondent’s conduct allegedly resulted to the birth of a child with the
petitioner who alleges that she does not know that the respondent is a married
man. The respondent admitted being the father of the child but denied the
allegation that petitioner does not know he is married. The case was
investigated in the RTC and during the initial hearing the complainant withdrew
her complaint. Respondent has no objection to the motion to withdraw and both
parties agreed to terminate the investigation and to submit the case for
resolution of the investigating judge who found the respondent guilty of the
administrative case filed against him. The judge recommended a sanction and
warning because of the mitigating circumstances that the complainant withdrew
her complaint. The office of the Court Administrator recommended an additional
fine of P2,000.
Issue
Whether or not the administrative complaint and
the imposition of its penalty may be imposed in view of the withdrawal of the
complaint?
Held
The court held that the withdrawal of a
complaint does not have any legal effect in exonerating the respondent from
administrative disciplinary action. A complaint of misconduct, malfeasance and
misfeasance against a public employee or officer cannot be withdrawn anytime
because there is a need to maintain faith and confidence to public servants.
The employee of the judiciary should be an example of integrity, honesty and
uprightness. Notwithstanding the desistance of the complainant, the respondent’s
misconduct diminished the confidence reposed by the public to the judiciary
hence the penalties of a fine of P2,000 and the warning that a repetition of
the same or similar acts shall be dealt with more severely shall be imposed
against the respondent.
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