"x x x.
II. Respondent’s resignation does not affect her administrative liability for gross misconduct and dishonesty.
Both gross misconduct and dishonesty are grave offenses that are punishable by dismissal even for the first offense.[14] Penalties include forfeiture of retirement benefits, except accrued leave credits, and perpetual disqualification from reemployment in government service.[15] However, as will be further discussed below, the penalty of dismissal may no longer be imposed.
Records show that respondent has already effectively resigned from her position,[16] and allegations that she did so to avoid administrative liability have been uncontroverted. The mere expedient of resigning from the service, however, will not extricate a court employee from the consequences of his or her acts.[17] We have often ruled that resignation should not be used either as an escape or as an easy way out to evade an administrative liability or an administrative sanction.[18] Thus, we hold respondent administratively liable for gross misconduct and dishonesty.
Her resignation, however, would affect the penalties that this Court may impose. The penalty of dismissal arising from the offense was rendered moot by virtue of her resignation.[19] Thus, we find the recommendation of the OCA to be appropriate under the circumstances and impose upon respondent the penalty of a fine in the amount of ₱40,000 with forfeiture of all benefits due her, except accrued leave credits, if any. The ₱40,000 fine shall be deducted from any such accrued leave credits, with respondent to be personally held liable for any deficiency that is directly payable to this Court. She is further declared disqualified from any future government service.
We emphasize that all court employees, being public servants in an office dispensing justice, must always act with a high degree of professionalism and responsibility. Their conduct must not only be characterized by propriety and decorum, but must also be in accordance with the law and court regulations. To maintain the people's respect and faith in the judiciary, court employees should be models of uprightness, fairness and honesty. They should avoid any act or conduct that would diminish public trust and confidence in the courts.[20]
x x x."
