Case Digest: ROSALES v. MONESIT SR.

ELVISA ROSALES v. DOMINADOR MONESIT SR.

551 SCRA 80 (2008)

Willful non-payment of just obligation is considered a light offense.

Elvisa Rosales filed a complaint against Dominador Monesit Sr.( Monesit Sr), Court Interpreter of the Municipal Trial Court of Surigao del Sur, for conduct unbecoming a court employee. In her complaint, Rosales alleged that she entered into a contract of sale with Monesit’s wife, the subject of which was a motorcycle sidecar to be paid on installment basis. She further alleged that after paying the down payment and subsequent installments, Monesit’s wife failed to pay the balance of the purchase price of the sidecar.

When conflict ensued due to the non-payment of the balance of the purchase price, both Monesit and Rosales’ live-in partner intervened. Rosales demanded full payment of the balance of the price but Monesit stopped futher payment.

ISSUE:

Whether or not the Monesit Sr. have breached the norms and standards of the courts by intervening in the above transaction

HELD:

The Court believes that it was improper for Monesit Sr. to intervene in the above transaction and take the cudgel for his wife, creating, in the process, the impression that he was emboldened to act in the manner that he did because of his exalted position in the Municipal Trial Court of Tandag.

Likewise, it was improper for Monesit Sr. to stop payment of the balance of the purchase price of the Sidecar, just because Rosales’ live-in partner charged additional penalty per day of delay in the payment.

Monesit Sr.’s non-payment of just obligation, which is submitted to be willful, is considered a light offense under the Uniform Rules on Administrative Cases in the Civil Service. The corresponding penalty for the first offense is reprimand, for the second, suspension for one (1) to thirty (30) days, and for the third, dismissal.

Monesit Sr.’s non-payment of just obligation, which is submitted to be willful, is considered a light offense under the Uniform Rules on Administrative Cases in the Civil Service. The corresponding penalty for the first offense is reprimand, for the second, suspension for one (1) to thirty (30) days, and for the third, dismissal.