In Re: Milagros Santia
REITERATIONFacts
The Antecedents: Miss Milagros Santia, a stenographic reporter, has been continuously absent without approved leave since January 1, 1984, after her leave expired on December 29, 1983. Despite a directive from the Acting Court Administrator to explain her prolonged absence, she failed to comply and has not reported for duty. Furthermore, the Acting Executive Judge of the Regional Trial Court of Iloilo City informed the Chief Justice that Miss Santia falsified the signature of Judge Amelia K. del Rosario on a special power of attorney, enabling her to collect pay checks for all judges and employees for the second half of February 1984. She subsequently endorsed 16 of these checks, leading to criminal charges being filed against her. Procedural History: The Acting Court Administrator recommended that Miss Santia be separated from the service for being a notoriously undesirable employee. It was also noted that respondent Milagros Santia y Escarilla was convicted of seventeen (17) counts of falsification of private documents in Criminal Cases Nos. 84-24341, 84-24343 up to 84-24358 by the Regional Trial Court of Manila. The Petition: The resolution addresses the administrative case concerning Miss Santia's prolonged absence and malfeasance in office.
Issue(s)
Whether Milagros Santia should be separated from the service for abandonment of post. Whether Milagros Santia should be separated from the service for malfeasance in office.
Ruling
Milagros Santia is hereby separated from the service as stenographic reporter in Branch XXX of the Regional Trial Court of Iloilo City, for abandonment and for malfeasance in office, with forfeiture of all her retirement gratuities, and with prejudice to reinstatement in any office of the national government, of local political subdivisions, of any government agencies or instrumentalities, and of any government owned or controlled corporations.
Ratio Decidendi
On the issue of separation from service for abandonment: The Court finds that Milagros Santia is guilty of abandonment of her post due to her continuous absence without approved leave since January 1, 1984. This prolonged absence, despite warnings and directives to explain, constitutes abandonment of her duties as a stenographic reporter. On the issue of separation from service for malfeasance: Her conviction for seventeen (17) counts of falsification of private documents demonstrates malfeasance in office. The falsification involved forging the signature of Judge Amelia K. del Rosario to obtain pay checks, which is a serious breach of trust and integrity expected of a court employee. The Acting Court Administrator's recommendation for separation from the service is therefore justified. The penalty of separation from the service is imposed, along with forfeiture of all retirement gratuities and prejudice to reinstatement in any government office. This severe penalty is warranted by the gravity of her offenses, which include criminal acts of falsification.
Main Doctrine
A stenographic reporter who is continuously absent without approved leave and who has been convicted of falsification of documents is separated from the service for abandonment and malfeasance in office.