AM P 07 2362; (June, 2008) (Digest)
A.M. No. P-07-2362 ; June 12, 2008
Magdalena P. Catungal, complainant, vs. Jocelyn C. Fernandez, Court Stenographer I, Municipal Trial Court, Caba, La Union, respondent.
FACTS
Complainant Magdalena P. Catungal filed an administrative complaint against respondent Jocelyn C. Fernandez, a court stenographer, for willful failure to pay a just debt. On March 14, 2003, Fernandez purchased rice worth P4,800 from Catungal and signed a promissory note to pay the amount the following day. Fernandez failed to pay and, despite repeated demands, offered a series of excuses through various letters but never settled the obligation.
The Office of the Court Administrator (OCA) directed Fernandez to comment on the complaint through an indorsement, a tracer, and ultimately a Supreme Court Resolution. Fernandez ignored all these directives. The OCA noted this was the third administrative case finding Fernandez liable for willful failure to pay a just debt. Since she had already been dismissed from service on December 13, 2005, for unsatisfactory performance, the OCA recommended a fine of P5,000.
ISSUE
Whether respondent Jocelyn C. Fernandez is administratively liable for willful failure to pay a just debt and for insubordination.
RULING
Yes, the Supreme Court found Fernandez liable for both charges. Willful failure to pay a just debt is a light offense under the Revised Uniform Rules on Administrative Cases. A “just debt” includes claims whose existence and justness are admitted by the debtor. Fernandez’s failure to contest the complaint constituted an admission of the debt’s validity, and her own letters, particularly one dated July 21, 2003, explicitly acknowledged the obligation and her failure to pay it. This was her third offense for this charge, which ordinarily warrants dismissal.
Furthermore, Fernandez displayed insubordination, a less grave offense, by repeatedly ignoring the directives from the OCA and the Supreme Court to file her comment. Her disregard for these lawful orders showed disrespect and a recalcitrant character. This was also her third offense for insubordination. While the ultimate penalty of dismissal was prescribed as she was already previously removed from service, the Court imposed a P5,000 fine and permanently disqualified her from reemployment in any government branch or instrumentality, including government-owned or controlled corporations.