AM 2254; (July, 1981) (Digest)
A.M. No. P-2254 July 17, 1981
Felicidad Felarca-Berdin, complainant, vs. Petronila Ambrosio-Garcia, respondent.
FACTS
Complainant Felicidad Felarca-Berdin, a retired government employee, leased a room in her house to respondent Petronila Ambrosio-Garcia, a clerk-stenographer in the Quezon City city court, and her husband in May 1975. The Garcias initially paid the monthly rent of P100 but later defaulted. By December 1975, their arrears reached P589, prompting them to sign a schedule of payment to settle the debt by August 1976. They failed to adhere to this agreement, and by May 1979, their total obligation had ballooned to P1,505. A lawyer’s demand letter in May 1979 and a subsequent ejectment suit filed by Berdin in August 1979 failed to secure full payment or vacation of the premises, though the Garcias eventually paid all back rentals by August 1980. Berdin also charged Garcia with frequent unauthorized absences or tardiness.
ISSUE
Whether respondent Petronila Ambrosio-Garcia is administratively liable for (1) willful failure to pay just debts, and (2) frequent unauthorized absences or tardiness.
RULING
Yes, as to the charge of willful failure to pay just debts, but not as to the charge of tardiness. The Court found the evidence sufficient to establish that Garcia deliberately failed to pay her rental obligations over a prolonged period. Her default persisted despite a signed payment schedule and formal demands, compelling the complainant to resort to an ejectment suit. This conduct constitutes a violation of Section 36(b)(22) of the Civil Service Decree (Presidential Decree No. 807), which penalizes willful failure to pay just debts. The eventual payment of the arrears shortly before the administrative hearing does not absolve her of the prior deliberate non-payment that undermined the integrity of the judiciary. Regarding the charge of tardiness, the Court upheld the investigator’s finding that it was not substantiated. The vague affidavits presented by the complainant were outweighed by Garcia’s official time records, which demonstrated regular office attendance. Consequently, the Court imposed a fine equivalent to fifteen days’ salary for the willful failure to pay just debts.