443 Phil. 697
CARPIO, J.:
“x x xIn a Memorandum dated July 10, 2002, Atty. Eden T. Candelaria, Deputy Clerk of Court and Chief Administrative Officer of this Court, directed Hernaez to comment on Entena’s letter-complaint within five days from receipt thereof. Hernaez failed to comply with the said directive. Thus, another notice dated July 29, 2002 was sent to Hernaez to submit the required comment within a non-extendible period of three working days from receipt thereof.
“Siya po ay aking inihabla ng Ejectment, marami na po siyang beses na nangako sa akin na magbabayad siya, ngunit dumaan na po ang mga araw at buwan na kanyang ipinangako subalit magpasahanggang ngayon ay hindi pa din po niya ako binabayaran.
“Ang sabi po niya ay ituloy ko ang aking habla laban sa kanya, dahil sa siya ay isang kawani ng Kataas-taasang Hukuman na pinangungunahan ninyo ay kayang kaya daw po niyang patagalin ang kaso, at mahihirapan daw po akong mapaalis siya sa kanyang inuupahang apartment. Totoo po ba ito?
“Ang kabuuhan po ng kanyang pagkakautang sa upa ay P69,000.00, ito po ay mula po noong Hulyo 2001, hanggang May 2002.
“Bakit po ang isang tulad niya na ang tungkuling pangalagaan ang kapakanan ng mamamayan bilang kawani ng Kataas-taasang Hukuman ay siya pa po ang nagsasamantala sa isang katulad ko na ang tanging pinagkukunan ng aking inaasahan at ikinabubuhay ay ang paupahang apartment, ay siya pa ang nagbibigay ng sakit ng aking loob lalo pa’t ako na isang matanda na.
“Muli po akong lumalapit sa inyo at lubos na umaasa na tutugunan po ninyo ang aking hinaing tungkol kay Nahren Hernaez, na inyong kawani.
“x x x.”
“During the investigation conducted by this Office on 3 September 2002, it was initially gathered that the true lessees of the complainant were Mr. and Mrs. Vicente De La Cuesta, the parents of herein respondent, in the amount of P6,000.00 a month. Respondent used to live with them in the said premises. However, in January of 2001, Mr. and Mrs. De La Cuesta left for the province to stay there for good leaving respondent and her family in the apartment. Complainant and respondent never had any written contract of lease on the premises vacated by her parents. However, respondent continued to occupy the premises and even paid rentals for the first three (3) months of her family’s stay in the premises from January 2001. Thereafter, no other payments were made by respondent. For respondent’s failure to pay her monthly rentals, a complaint was filed before the Tanggapan ng Barangay, Sikatuna Village 3, Quezon City. On 7 July 2001, complainant and respondent appeared before the Barangay Lupon where the latter acknowledged that as of 31 July 2001 her outstanding rental arrears amounts to P27,000.00 and she (respondent) promised to pay the same by the end of the month (July 2001). However, respondent never made good her promise to pay as agreed and persistently failed to pay the succeeding monthly rentals. Again, a conference was scheduled before the Barangay Lupon on 3 September 2001 for the same case but respondent never appeared thereat. As a consequence, her non-appearance was made the basis for the issuance of a certification to file action in court by the Lupon.Atty. Candelaria recommended that Hernaez be suspended for ten (10) working days for willful failure to pay her just debts, with a stern warning that a repetition of the same or similar offense shall be dealt with more severely. Atty. Candelaria is of the view that although this is Hernaez’s first offense, reprimand is too light a penalty for the offense committed. Atty. Candelaria opines that Hernaez’s continuing failure to pay her rentals in arrears is indicative of her lack of intention to pay her just and valid debts. Moreover, Hernaez clandestinely left the premises and never bothered to inform Entena of her whereabouts. Hernaez, being an employee of the highest court of the land, should have been an epitome of integrity and honesty.
In a handwritten note dated 16 February 2002, Ms. Hernaez promised to vacate the premises by the end of the month of February 2002. However, she failed to fulfill the same. On March 1, 2002, Ms. Hernaez executed a promissory note and acknowledged her indebtedness to complainant in the amount of P51,000.00 and promised to pay the same even after she vacated the property. Based from the records, it appears that as of August 2002, the total rental arrears of Ms. Hernaez amounted to Eighty Five Thousand Pesos (P85,000.00). As alleged by complainant, she surreptitiously vacated the premises on August 31, 2002. At the time this administrative case was filed in this Office, a case for ejectment and collection of unpaid rentals against Ms. Hernaez is now pending trial before the Quezon City Metropolitan Trial Court.
During the scheduled conference of this case, complainant expressed willingness to enter into a compromise agreement with respondent which the latter readily agreed. After two successive conferences scheduled on different dates with the parties, no amicable settlement was arrived at due to the stubborn attitude of respondent. Complainant even proposed that payment be made on a staggered basis and promised to withdraw her complaint if respondent would only fulfill her obligations. Despite said offer, respondent never bothered to settle her account not even for a cent. In view of respondent’s failure to settle her obligations with complainant, the latter decided to push through with this administrative complaint, hence, this recommendation.”
“SEC. 46. Discipline: General Provisions. – (A) No officer or employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process.(b) The following shall be grounds for disciplinary action:
x x x x x x x x x(22) Willful failure to pay just debts or willful failure to pay taxes due to the government;”