JOCELYN S. PAISTE, vs. APRONIANO V. MAMENTA, JR A.M. No. P-03-1697.

October 1, 2003

JOANNE S. GOLTIAO, vs. APRONIANO V. MAMENTA, JR., A.M. No. P-03-1699. October 1, 2003

EN BANC:

Procedural History:

These consolidated administrative are against respondent Aproniano V. Mamenta, Jr., Clerk of Court II,
Municipal Circuit Trial Court of Tayug-San Nicolas, Pangasinan.

In an affidavit-complaint filed with the Office of the Chief Justice, dated August 10, 2001, complainant
Joanne S. Goltiao charged him with gambling and drinking liquor during office hours, sexual harassment,
arrogance and acts unbecoming of a government official.

In another affidavit-complaint filed with the Office of the Court Administrator, dated August 28, 2001,
the other complainant Jocelyn C. Paiste charged him with conduct unbecoming of a public officer and
with violation of the Anti-Graft and Corrupt Practices Act for his failure to issue official receipt.

After respondent denied the accusations against him, both cases were referred to Hon. Ulysses Butuyan,
Executive Judge of the Regional Trial Court of Tayug, Pangasinan for investigation, report and
recommendation.

The report was forwarded to the Office of the Court Administrator (OCA). After evaluating the report
and the records, the OCA proposed that a stiffer penalty must be imposed on respondent

Statement of Facts:

In A.M. No. P-03-1699, Goltiao , Stenographer I of the MCTC of Tayug-San Nicolas testifies that on
August 7, 2000, at about 3:00 p.m., a representative from the Plaridel Insurance Co. came to their office
seeking clearance. When she asked the respondent for signature, the respondent was playing tong-its
and got mad and shouted to her to leave. He was even get easily angry at trivial mistakes. He even send
her sent her love notes even if he knows she was already married.
In A.M. No. P-03-1697, Paiste is the owner of JCP72 Insurance Agency has transactions with the MCTC
Tayug-San Nicolas.She testifies that on April 3, 2001 at about 2:p.m., she and client went to MCTC to
post bail. An employee named Marilyn accompanied them to one room where they found the
respondent playing tong-its. On Aprl 20, 2001, Paiste, an officemate and a client went again to MCTC to
post bail in connection with Criminal Case No. 7461. The respondent instructed them to go to Judges
House. The judge approved the surety bond.[19] Later, they handed him (P2,400.00) of which was for
the JDF and demanded an official receipt but he told them to return by Monday. And they gave him the
remaining P600.00. By Monday, Paiste sent one of her staff to get the receipt nut was not issued.

Issue:

Whether iir not there has been grave abuse of right

Answer:

Yes. Instead of he being in loco parentis over his subordinate employees, he preyed on them as he took
advantage of his superior position.[34]

Reasoning:

In am no p -03-1697 his failure to issue a receipt is a violation of the l National Accounting and Auditing
Manual which mandates that no payment of any nature shall be received by a collecting officer without
immediately issuing an official receipt. It amounted to gross neglect of duty while his grossly
discoruteaous behaviour for keeping Paiste and her client wait for fifteen minutes is conduct of
unbecoming of a public officer.

In Am. No. p-0-3-1699 hold that the gross discourtesy, gambling and sexual harassmaent he committed
constituted serious misconduct and conduct orejudicial to the interest of the service which warrant his
dismissal from office.

Ruling:

RESPONDENT is found Guilty of gross discourtesy, gambling, and sexual harassment in A.M. No. P-03-
1699 and is DISMISSED from the service. Likewise found Guilty of gross discourtesy and failure to issue
an official receipt in A.M. No. P-03-1697 and suspended for One (1) Month.