035 BAQUERFO v. SANCHEZ (Peliño) c.
Scrap and rusty metals were found in court premises, including empty
April 6, 2005 | Per Curiam | Cessation from office
COMPLAINANT: Rodolfo T. Baquerfo
RESPONDENT: Gerry C. Sanchez, Legal Researcher II, RTC Branch 29,
Lianga, Surigao del Sur
SUMMARY: Baquerfo, Court Stenographer and OIC, accused Sanchez, Legal
Researcher, with grave misconduct for the theft of 2 unserviceable desk fans and
1 unserviceable electric stove, which were properties of the judiciary and the
provincial government, respectively. The complaint was filed on June 17, 2003.
When the OCA referrred the complaint to Sanchez for comment, Sanchez denied
the accusations against him. When an investigation was conducted, the judge
found Sanchez culpable for grave misconduct. While the records were being
readied for transmission, the father of Sanchez furnished the judge with a copy
of the court’s acceptance of his resignation, effective October 17, 2004. Hence,
this petition. The issue in this case is whether or not the cessation from office of
Sanchez warrants the dismissal of the admin complaint filed against him while
he was in service. The SC held in the negative. This is because cessation from
office by resignation or retirement neither warrants the dismissal of the admin
complaint filed while he was still in service nor does it make it moot.
Jurisdiction of the court was not lost by the mere fact that Sanchez had ceased in
office during the pendency of the case. His resignation does not preclude the
finding of any admin liability to which he shall still be answerable. The
complaint was also filed on June 17, 2003, long before he was deemed resigned.
So jurisdiction had already attached and was not lost by his resignation from
office during the pendency of the case.
DOCTRINE: Cessation from office by resignation or retirement neither
warrants the dismissal of the admin complaint filed while he was still in service
nor does it render the admin case moot and academic. Since jurisdiction had
already attached, it was not lost by his resignation from office during the
pendency of the case.
FACTS:
1. Rodolfo T. Baquerfo (Baquerfo), Court Stenographer III and OIC, accused
Gerry C. Sanchez (Sanchez) with grave misconduct for the the theft of 1
unserviceable desk fans and 1 unserviceable electric stove.
a. At 3 pm, Sanchez sold to Eddie Sanchez a scrap iron buyer and the fans
and stove, which were properties of the judiciary and the provincial
government, respectively.
2. The complaint was referred by OCA to Sanchez for comment, and Sanches
claimed that:
a. Accusations were unfounded, inconsistent, speculative.
b. There were people who were against him and that they used Baquerfo
as a dummy and that the witnesses didn’t really know what happened.
bottles of Tanduay rhum.
d. Complaint was filed to preempt the filing of an admin complaint
against Baquerfo and his group for corrupt activities while discharging
governmental functions.
e. The security guard witness could not have seen the children who
allegedly assisted Sanchez in hauling the fans and stove since he wasn’t
on duty yet.
f. The affidavits of the security guard did not jive with the investigation
reports.
3. The judge also furnished OCA with a copy of the Information filed by a
prosecutor charging Sanchez with theft.
a. The judge called the OCA’s attention which provided for suspension
pending investigation.
b. But OCA denied the recommendation since as a legal researcher,
Sanchez was not capable of harassing or intimidating witnesses.
c. They recommended that a formal investigation be conducted and that
the complaint be referred to the EJ for investigation.
4. The judge found Sanchez culpable for grave misconduct.
5. Even as the records of the case were being readied for transmission, the
father of Sanchez furnished the judge with a machine copy of the Court’s
acceptance of the resignation of Sanchez effective October 17, 2004. Thus,
he recommended that Sanchez be considered resigned but with prejudice.
6. Hence, this petition.
ISSUE/s:
1. WON the cessation from office of Sanchez warrants dismissal of the
administrative complaint filed against him while he was in service. NO.
RULING: WHEREFORE, the Gerry Sanchez is found GUILTY of GRAVE
MISCONDUCT. His retirement and all benefits, except earned leave credits, are
hereby FORFEITED, with prejudice to re-employment in any branch, agency,
instrumentality, or agency of the government, including government-owned and
controlled corporations.
RATIO:
On whether the cessation from office of Sanchez warrants dismissal of the
administrative complaint filed against him while he was in service.
1. Cessation from office of Sanchez by resignation or retirement neither
warrants the dismissal of the admin complaint filed against him while he
was still in service nor does it render the admin case moot and academic.
2. The jurisdiction that was this Courts at the time of the filing of the admin
complaint was not lost by the mere fact that Sanchez had ceased in office
during the pendency of his case.
a. His resignation does not preclude the finding of any admin liability to
which he shall still be answerable.
3. The complaint was filed on June 17, 2003, long before he was deemed
resigned on October 17, 2004. Jurisdiction had already attached and was not
lost by his resignation from office during the pendency of the case.