AM P 02 1564; (November, 2004) (Digest)
A.M. No. P-02-1564. November 23, 2004. CONCERNED EMPLOYEE, complainant, vs. GLENDA ESPIRITU MAYOR, Court Stenographer, RTC, Branch 72, Olongapo City, respondent.
FACTS
An anonymous letter from a “Concerned Employee” accused respondent Glenda Mayor, a Court Stenographer, of promiscuous sexual behavior and questioned the renewal of her temporary appointment. The letter was referred for investigation. Executive Judge Leopoldo Calderon’s report found that Mayor had filed a complaint for recognition and support against Neslie Leaño, a married policeman, acknowledging him as the father of her child born in 1997. The report concluded that Mayor had engaged in an open and scandalous immoral sexual relationship with a married man, recommending non-renewal of her appointment. Mayor later attained permanent status after passing a Civil Service exam. A subsequent investigation by Judge Eliodoro Ubiadias found the anonymous charges unsubstantiated, as no court personnel corroborated them, and recommended the complaint’s dismissal.
ISSUE
Whether respondent Glenda Mayor may be held administratively liable for disgraceful and immoral conduct based on the evidence presented.
RULING
Yes, but the sanction is modified. The Court emphasized that while court personnel must adhere to high moral standards, administrative penalties require substantial evidence and due process. The numerous unsubstantiated allegations in the anonymous letter, including promiscuity, were correctly disregarded for lack of proof. However, Mayor’s own judicial admission in a separate civil case for support constituted substantial evidence. She testified to having sexual relations with a married man, Neslie Leaño, resulting in the birth of their child. This act of engaging in an illicit affair with a married man constitutes disgraceful and immoral conduct, which tarnishes the integrity of the judiciary. The Office of the Court Administrator recommended a six-month suspension. Considering the absence of proof regarding other scandalous behavior and the principle that the penalty must be commensurate to the proven offense, the Court found the recommended suspension excessive. Instead, respondent Mayor is found guilty of disgraceful and immoral conduct and is suspended for three (3) months without pay, with a stern warning that a repetition will be dealt with more severely.