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LEAVE DIVISION v. LEONCIO K. GUTIERREZ III

This case has been cited 1 times or more.

2014-09-22
PERALTA, J.
In previous cases, the Court accorded some measure of compassion to erring employees. In Office of the Court Administrator v. Magbanua,[10] the Court found Process Server Magbanua guilty of dishonesty for making false and inaccurate entries in his DTR and yet only imposed a fine equivalent to one month salary. The Court ratiocinated that the law is concerned for the working man, and respondent's unemployment would bring untold hardships and sorrows on his dependents. In addition, the Court regarded as mitigating circumstance, the fact that Magbanua had been an employee of the court since 1985. Also, in Leave Division, Office of Administrative Services, Office of the Court Administrator v. Gutierrez III,[11] the Court only imposed the penalty of a P5,000.00 fine for therein respondent's falsification of his DTR, since he readily admitted his wrongdoing and it was the very first time that an administrative case was filed against him in the five years that he had been in government service.