This case has been cited 2 times or more.
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2015-07-29 |
VILLARAMA, JR., J. |
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| In the case at bar, petitioner was formally charged with Simple Neglect of Duty and Violation of Reasonable Office Rules and Regulations. Simple neglect of duty is defined as the failure to give proper attention to a task expected of an employee resulting from either carelessness or indifference.[44] It is censurable under Section 52(B)(1) of the Uniform Rules on Administrative Cases in the Civil Service as a less grave offense and is punishable by suspension from office for one (1) month and one (1) day to six (6) months for the first offense, and dismissal for the second offense. Respondent, however, found petitioner guilty of Grave Misconduct and imposed upon her the penalty of dismissal from the service with all the attendant accessory penalties. To be classified as grave, one’s misconduct must show the elements of corruption, clear intent to violate the law or flagrant disregard of established rules.[45] | |||||
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2007-08-17 |
CARPIO, J. |
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| The appropriate course of action should have been for respondent to wait for the instructions of the court as to whom he will release the property since he had already asked for its guidance through his Manifestation which was submitted to the court virtually at the close of office hours on 26 May 2004. Yet the following morning, he suddenly decided to release the car to the plaintiff without waiting for any court order on the matter. Such apparent haste raised questions on his action and leaves doubts as to his intent or interest in the case. Since respondent had filed a manifestation seeking the trial court's guidance, the most appropriate course of action should have been for him to wait for the trial court's instructions on what he should do with the vehicle. Assuming that the issue may have been too technical for respondent to decide on the spot, it would have been prudent for him to let the trial court decide on the matter. However, he was overzealous and delivered the vehicle to Glor without even giving the trial court a chance to act on his manifestation. His unusual zeal and precipitate decision to give possession of the vehicle to Glor effectively destroyed the presumption of regularity in the performance of his duties.[48] "While the expeditious and efficient execution of court orders and writs is commendable, it should not, under any circumstances, be done by departing from the Rules governing the same."[49] | |||||