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JUDGE ENRIQUE M. ALMARIO v. ATTY. JAMESWELL M. RESUS

This case has been cited 2 times or more.

2006-07-25
YNARES-SANTIAGO, J.
Misconduct is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer. To warrant dismissal from the service, the misconduct must be serious, important, weighty, momentous and not trifling. It must also have direct relation to, and be connected with, the performance of official duties amounting either to maladministration or willful, intentional neglect or failure to discharge the duties of the office.[11]
2003-02-24
PER CURIAM
Misconduct is a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by the public officer. To warrant dismissal from the service, the misconduct must be grave, serious, important, weighty, momentous and not trifling. The misconduct must imply wrongful intention and not a mere error of judgment. The misconduct must also have a direct relation to and be connected with the performance of his official duties amounting either to maladministration or willful, intentional neglect or failure to discharge the duties of the office.[26] There must also be reliable evidence showing that the judicial acts complained of were corrupt or inspired by an intention to violate the law.[27] All of these requisites are met in this case.