Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operations being regulated by, or any transaction which may be affected by the functions of his office.

1st Offense – Dismissal…. (emphasis in the original)

The penalty of dismissal carries with it cancellation of eligibility, forfeiture of leave credits and retirement benefits, and disqualification from reemployment in the government service, without prejudice to criminal or civil liability.

In Rural Bank of Francisco F. Balagtas (Bulacan), Inc. v. Pangilinan, we dismissed the respondent deputy sheriff for failing to immediately turn over and keeping in his custody the amount of P5,000.00 entrusted to him for remittance to the complainant.

Likewise, in Re: Report on Audit and Physical Inventory of the Records of Cases in MTC of Peñaranda, Nueva Ecija, we declared that the Clerk of Court’s failure to turn over to the court cash in his possession constitutes gross negligence in the performance of his duty, gross dishonesty and even malversation of funds and accordingly dismissed the respondent from the service.

The Code of Conduct and Ethical Standards for Public Officials and Employees provides that every public servant shall uphold public interest over his or her personal interest at all times. Court personnel, from the presiding judge to the lowest clerk, are required to conduct themselves always beyond reproach, circumscribed with the heavy burden of responsibility as to free them from any suspicion that may taint the good image of the judiciary.

Far from observing this norm of conduct, respondent’s actuations in the instant case raise suspicion that he misappropriated the amount of P3,000.00 which he solicited from one of the parties without court authority.  The foregoing acts of respondent indubitably establish his guilt and justify his dismissal.

WHEREFORE, the Court finds respondent Victoriano S. Ragay, Jr., Court Interpreter, Regional Trial Court, Branch 41, Dumaguete City, GUILTY of grave misconduct prejudicial to the best interest of the service and improper solicitation, and hereby orders his immediate DISMISSAL from the service with FORFEITURE of all leave credits and retirement benefits due.  He is hereby DISQUALIFIED from reemployment in the government service, including government owned and/or controlled corporations.

SO ORDERED.

SOURCE: [ A.M. NO. P-05-1945 (FORMERLY A.M. OCA IPI NO. 03-1605-P), January 31, 2005 ]EVELYN T. HONCULADA, COMPLAINANT VS. VICTORIANO S. RAGAY, JR., COURT INTERPRETER, REGIONAL TRIAL COURT, BRANCH 41, DUMAGUETE CITY, RESPONDENT. Tags: Alcantara Alcoy moral damages Alegria actual damages Aloguinsan Argao Asturias Badian Balamban Bantayan Barili Boljoon Borbon Carmen Catmon Compostela Consolacion Cordova Daanbantayan Dumaguete Bais Sibulan Tampi Bacong Negros Bacolod Separation pay Resign Resignation Back wages Backwages Length of service pay benefit employee employer relationship Silay Kabankalan Daan Bantayan Dalaguete Dumanjug Ginatilan Liloan compensatory damages Madridejos Malabuyoc Medellin Minglanilla Moalboal Oslob Pilar Pinamungajan Poro Ronda Samboan San Fernando San Francisco San Remigio Sante Fe Santander Sibonga Sogod Tabogon Tabuelan Tuburan attorney’s fees Tudela exemplary damages Camotes General Luna Siargao Cagayan Davao Kidapawan Attorney Abogado Lawyer Architect Real Estate Broker nominal damages Sales Agent Properties for Sale Looking for Buyers Design Build House and Lot for Sale for Rent Talisay City Mandaue City Lapu Lapu Lapu-Lapu City Yncierto Sesante Villanueva Ruz Jan Edmond Marc Tim Timothy temperate damages Luz liquidated damages Kristin tct transfer certificate of title tax declaration birth certificate relocation survey surveying judicial titling administrative titling patent title denr cenro foreshore lease ecc environmental compliance certificate design build architect cebu engineer interior design designer residential commercial cebu property warehouse for rent for lease marc Christian yncierto ruz jan Edmond yncierto ruz Kristin Villanueva ruz Edmond mabalot ruz marriage certificate timber land forest land watershed agricultural lot land use conversion hearing trial illegal drugs trial lawyer business corporate lawyer labor lawyer immigration law bureau of immigration cebu 9g visa search warrant warrant of arrest motion to quash information complaint police officers buy bust physical suffering shocked horrified mental anguish fright serious anxiety besmirched reputation sleepless nights wounded feelings moral shock social humiliation similar injuries

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