Republic of the
Supreme Court
THIRD DIVISION
JENNYLEN
LEE , A.M. No. P-08-2432
Complainant, (Formerly OCA IPI No. 04-2018-P)
Present:
YNARES-SANTIAGO, J.,
Chairperson,
- versus - AUSTRIA-MARTINEZ,
CHICO-NAZARIO,
NACHURA,
and
REYES,
JJ.
JUANITA
A. MANGALINDAN,
Junior
Process Server, Promulgated:
Municipal
Trial Court,
Branch 1, Guagua, Pampanga,
Respondent.
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R E S O L U T I O N
AUSTRIA-MARTINEZ, J.:
Before the Court is a letter-complaint dated September
3, 2004 of Ms. Jennylen Lee charging
respondent Juanita A. Mangalindan, Junior
Process Server, Municipal Trial Court (MTC), Branch 1, Guagua,
Pampanga with Grave Misconduct for issuing to her PCI
Bank Check Number 0147186 dated June 30, 2000, which when presented for payment
on its maturity date was dishonored by the drawee
bank on the ground that the account was closed.
In the investigation, it was established that:
1.
respondent issued and delivered PCI Bank Check No.
0147186 dated June 30, 2000 in the amount of P30,000.00, and that it
bounced when presented for payment for the reason “Account Closed”; and
2.
respondent already
paid the value of the subject check and interest thereon.
In the Report and Recommendation dated P3,000.00.
Upon evaluation thereof, the Office of the Court
Administrator recommends the dismissal of the case on the ground that
respondent not only paid the value of
the check for P30,000.00 but also paid
substantial interest in the amount of P20,000.00,
to the satisfaction of the complainant, and that this is respondent’s first
administrative case after more than 22 years in the judiciary.
The Court upholds the findings and recommendation of
the Investigating Judge, except as to the penalty.
Respondent’s issuance of a bouncing check constitutes
misconduct which is a ground for disciplinary action.[1]
The conduct of every personnel connected with the courts should at all times be
circumspect to preserve the integrity and dignity of the courts of justice.[2] Thus, even if respondent paid the value of the subject check and the substantial interest
thereon, respondent still stands liable.
However, except for the present case, the fact that
respondent has had an otherwise unblemished service in the judiciary for 22
years, and that she has paid her obligation to the full satisfaction of the
complainant, mitigate such liability. A fine
of P2,000.00 is in order.
WHEREFORE, the
Court finds Juanita A. Mangalindan, Junior Process
Server, MTC, Branch 1, Guagua, Pampanga, guilty of
Misconduct and FINES her P2,000.00, payable within 60 days from receipt of herein
Resolution with a STERN WARNING that a repetition of the same or similar act will be dealt with more severely.
SO ORDERED.
MA. ALICIA AUSTRIA-MARTINEZ
Associate
Justice
WE CONCUR:
CONSUELO YNARES-SANTIAGO
Associate Justice
Chairperson
MINITA V.
Associate Justice Associate
Justice
RUBEN T. REYES
Associate Justice