[A.M. No. P-00-1433. April 4, 2001]

ESPERANZA DE GUZMAN vs. HILARIO

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 4 2001.

A.M. No. P-00-1433 (Esperaza De Guzman vs. Isabel Hilario, Social Worker II, RTC-OCC, Pasay, City.)

This pertains to the letter complaint filed on February 8, 1999 by complainant Esperanza L. De Guzman against respondent Isabel D. Hilario, Social Welfare Officer II, RTC-Office of the Clerk of Court, Pasay City, for non payment of just debts and conduct prejudicial to the best interest of the service.

In her sworn complaint, complainant Esperanza L. De Guzman claims that she is the proprietress of SAL-AD Credit Enterprises; that she advances money against the expected salary checks of RTC employees at the rate of 5% every 15 days; that on May 20, 1998 and July 22, 1998 respondent borrowed from her the amount of P12,000.00 and P2,500.00, respectively and; that despite several demands made on her, respondent reneged on her promise to pay her obligation amounting to P24, 875.00 as of January 1999.

In her comment, respondent admitted that she obtained a loan, but failed to pay the same since the interest imposed therein was excessive and unreasonable. She, however, requested that she be given a reasonable time to pay her obligation.

The Office of the Court Administrator recommended that respondent be reprimanded with a warning that a commission of the same or similar acts in the future will be dealt with more severely.

We adopt the recommendation of the OCA.

There is no doubt that respondent obtained loans from SAL-AD Credit Enterprises, of which complainant was the proprietress. She does not deny her indebtedness and her failure to pay the same. For such misconduct, respondent should be sanctioned. Respondent's liability is anchored on the pertinent provisions of Revised Administrative Code of 1987 (Executive Order No. 292), specifically the provisions on the Civil Service Commission. Sec. 46, Chapter 7, Subtitle A, Title I, Book V thereof provides as follows:

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.

Likewise, Sec. 23, Rule XIV of the Omnibus Rules implementing this provision defines "just debt" to mean:

The term "just debts" shall apply only to:

(1) Claims adjudicated by a court of law, or

(2) Claims the existence and justness of which are admitted by the debtor.

In the light of the respondent's admission of her indebtedness and the justness thereof and her refusal to pay it, her administrative liability under the foregoing provision of the Revised Administrative Code is beyond dispute. We find respondent liable for non payment of just debts and conduct unbecoming of a court employee for which she should be reprimanded considering that this is her first offense (Martinez v. Munoz, Adm Matter No. P-94-1006, 249 SCRA 14) The penalty imposed on her is not directed at her private life but at her actuations unbecoming a government employee.

WHEREFORE, respondent Isabel D. Hilario, Social Worker II, RTC-Office of the Clerk of Court, Pasay City is hereby REPRIMANDED for her willful failure to pay her just debts, which amounts to conduct unbecoming a court employee. The commission of the same or similar acts in the future will be dealt with more severely.

SO ORDERED.

Very truly yours,

TOMASITA M. DRIS

Clerk of Court