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?