Showing posts with label 268 SCRA 608. Show all posts
Showing posts with label 268 SCRA 608. Show all posts

Estreller vs Manatad Jr., 268 SCRA 608


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?

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