G.R. No. A.M. No. P-92-675. December 21, 1992.
Gloria R. Cabano, complainant, vs. Evelyn T. Monreal, respondent.

FACTS

Complainant Gloria R. Cabano, Clerk of Court II of the 6th Municipal Circuit Trial Court (MCTC) of Bayawan-Basay, Negros Oriental, filed a verified administrative complaint against respondent Evelyn T. Monreal, a utility worker of the same court. The charges included non-performance of duty, grave misconduct, discourtesy, insubordination, laziness, and other acts prejudicial to the public service. The Court required respondent to comment. In her handwritten comment, respondent acknowledged receipt, stated she had not received her salary, allowances, and bonuses since October 1991, and that she had been on absence without leave (AWOL) since March 1992, effectively submitting herself to the Court’s disposition. The Office of the Court Administrator evaluated the case, noting that the factual charges were established by documentary evidence in the complaint, which remained unrebutted. It was further revealed that respondent had been previously found guilty of insubordination and similar acts in Administrative Matter No. P-89-362, decided on July 11, 1990, where she was suspended for two weeks without pay and sternly warned. Additionally, respondent had been convicted in Criminal Case No. 5524 for indirect contempt (for failure to appear before a barangay captain) and in Criminal Case No. 5525 for slight physical injuries against a co-employee, Catalina A. Mendoza, where she pleaded guilty.

ISSUE

Whether respondent Evelyn T. Monreal should be held administratively liable and dismissed from the service for insubordination and conduct grossly prejudicial to the best interest of the service, considering her previous offense and the current charges.

RULING

Yes. The Court approved the findings and recommendation of the Office of the Court Administrator. Respondent was found guilty for the second time of both insubordination and acts prejudicial to the best interest of the service. Her conduct, including her criminal convictions for indirect contempt and slight physical injuries, her repeated insubordination, disobedience, violence, antagonism towards co-employees, and her absence without leave, demonstrated a disregard for the stern warning given in the prior administrative case. Under the Omnibus Rules Implementing Book V of Executive Order No. 292, both offenses, when committed for a second time, warrant the penalty of dismissal. Accordingly, respondent Evelyn T. Monreal is DISMISSED from the service with prejudice to reemployment in any branch or agency of the national or local governments, including government-owned or controlled corporations.