G.R. No.: A.M. No. SB-24-003-P (Formerly JIB FPI No. 21-001-SB-P), June 04, 2024
Case Title: Sandiganbayan, Complainant, vs. Regino R. Hermosisima, Security II, Sandiganbayan, Respondent.

FACTS

The Sandiganbayan filed Formal Charges dated October 31, 2018, against respondent Regino R. Hermosisima, a Security Guard II, for Gross Insubordination, Grave Misconduct, Being Notoriously Undesirable, and Conduct Prejudicial to the Best Interest of the Service. The charges stemmed from two main incidents and a prior bizarre communication. First, in the “Landbank Incident” (February 5, 2018), respondent caused a scene at a bank while impatiently waiting for his overtime pay to be credited, which was reported as him “nagwala” (going wild/irritated). He later apologized, citing his blood pressure was in “hyper mode.” Second, in the “Batasan Gate Incident” (September 15, 2018), respondent, who was assigned to man a gate, was absent from his post on a rainy night, leaving a lawyer, Atty. Dennis Pulma, unable to exit. When located talking to a detainee and told to assist, respondent retorted, “Sino ba siya? Maghintay siya, di ako si Superman. Bibigyan ko ng spiritual advice yan.” He then approached Atty. Pulma’s vehicle without an umbrella and hurled invectives. When another security guard tried to pacify him, respondent punched the team leader, Danilo V. Reyes. An empty whiskey bottle was found at his post, indicating he was drunk on duty. Respondent again submitted a letter of apology. Prior to these, respondent had sent a bizarre letter to the Presiding Justice suggesting unconventional financial proposals. Due to this and a prior heated argument, he was directed by Office Order to undergo a psychological examination at a government hospital, but he failed to comply. Memoranda were issued requiring him to explain his non-compliance and to investigate the Batasan Gate Incident. The investigating officer recommended the filing of formal charges. Respondent did not submit an answer to the Formal Charges, only another apology. He later resigned effective September 1, 2020. The case was referred to the Judicial Integrity Board (JIB).

ISSUE

Whether respondent Regino R. Hermosisima should be held administratively liable for his actions.

RULING

Yes, respondent is administratively liable. The Court, applying Rule 140 of the Rules of Court, as further amended (which governs disciplinary cases for judicial personnel), modified the findings of the JIB. The Court found respondent guilty of Gross Insubordination for his willful refusal to obey the lawful order to undergo a psychological examination. He was also found guilty of Gross Misconduct for his actions during the Batasan Gate Incident, which constituted a flagrant disregard of established rules and improper behavior while drunk and on duty, tarnishing the integrity of the judiciary. His precipitate resignation did not preclude the administrative proceedings. Considering the gravity of the offenses and that dismissal was no longer possible due to his resignation, the Court imposed the penalty of FORFEITURE of all retirement benefits, except accrued leave credits, and PERPETUAL DISQUALIFICATION from re-employment in any government office, including government-owned or -controlled corporations.