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ERLINDA F. SANTOS v. MA. CAREST A. RASALAN

This case has been cited 7 times or more.

	AM No. P-09-2726 2013-08-28	A.M. No. P-10-2884 JUDGE ROBERTO P. BUENAVENTURA v. FE A. MABALOT MENDOZA, J.
Mabalot should be reminded that a public servant must exhibit the highest sense of honesty and integrity for no less than the Constitution mandates that a public office is a public trust and public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives. This constitutionally-enshrined principles, oft-repeated in our case law, are not mere rhetorical flourishes or idealistic sentiments. They should be taken as working standards by all in the public service.[25] Mabalot's failure to prevent the illicit offer or corrupt act of Atty. Gaviola undoubtedly violates the norm of decency and diminishes or tends to diminish the people's respect for those in the government service. [26] Indeed, such act constitutes misconduct. To constitute misconduct, the act or acts must have a direct relation to, and be connected with, the performance of her official duties.
	AM No. P-09-2726 2013-08-28	A.M. No. P-10-2884 JUDGE ROBERTO P. BUENAVENTURA v. FE A. MABALOT MENDOZA, J.
On a final note, this Court cannot tolerate Mabalot's actuations which indubitably fell short of the standard of conduct required of her as a civil servant in the court of justice. Her retirement notwithstanding, she should and must be held accountable. When an officer or employee is disciplined, the object is the improvement of the public service and the preservation of the public's faith and confidence in the government.[42]
	GR No. 192685 2013-07-31	OSCAR R. AMPIL v. OFFICE OF OMBUDSMAN PEREZ, J.
In Grave Misconduct, as distinguished from Simple Misconduct, the elements of corruption, clear intent to violate the law or flagrant disregard of established rules, must be manifest[49] and established by substantial evidence. Grave Misconduct necessarily includes the lesser offense of Simple Misconduct.[50] Thus, a person charged with Grave Misconduct may be held liable for Simple Misconduct if the misconduct does not involve any of the elements to qualify the misconduct as grave.[51]
	GR No. 173121 2013-04-03	FRANKLIN ALEJANDRO v. OFFICE OF OMBUDSMAN FACT-FINDING BRION, J.
Misconduct is considered grave if accompanied by corruption, a clear intent to violate the law, or a f1agrant disregard of established rules, which must all be supported by substantial evidence.[41] If the misconduct does not involve any of the additional elements to qualify the misconduct as grave, the person charged may only be held liable for simple misconduct. "Grave misconduct necessarily includes the lesser offense of simple misconduct.''[42]
	GR No. 165132 2012-03-07	OFFICE OF OMBUDSMAN v. NELLIE R. APOLONIO BRION, J.
In Civil Service Commission v. Ledesma,[49] the Court defined misconduct as "a transgression of some established and definite rule of action, more particularly, unlawful behavior or gross negligence by a public officer." We further stated that misconduct becomes grave if it "involves any of the additional elements of corruption, willful intent to violate the law or to disregard established rules, which must be established by substantial evidence."[50] Otherwise, the misconduct is only simple.[51] Therefore, "[a] person charged with grave misconduct may be held liable for simple misconduct if the misconduct does not involve any of the additional elements to qualify the misconduct as grave."[52]
	GR No. 191218 2011-05-30	GOVERNMENT SERVICE INSURANCE SYSTEM v. ARWIN T. MAYORDOMO MENDOZA, J.
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.[38] Corruption as an element of grave misconduct consists in the act of an official or employee who unlawfully or wrongfully uses her station or character to procure some benefit for herself or for another, at the expense of the rights of others. Nonetheless, "a person charged with grave misconduct may be held liable for simple misconduct if the misconduct does not involve any of the additional elements to qualify the misconduct as grave. Grave misconduct necessarily includes the lesser offense of simple misconduct."[39]
	AM No. P-06-2198 2007-09-19	STA. LUCIA EAST COMMERCIAL CORPORATION v. CONRADO G. LAMANO CORONA, J.
Respondent's actuations constituted (simple) misconduct which means intentional wrongdoing or deliberate violation of a rule,[18] unlawful behavior or gross negligence by a public officer.[19] Under the Uniform Rules on Administrative Cases in the Civil Service, misconduct is a less grave offense punishable by suspension of one (1) month and one (1) day to six (6) months for the first offense.