"xxx.
The evidence of record supports the findings of the investigating judge.
It is a fact that the respondent was convicted of libel in Criminal Case No. Q-7171 of the Court of First Instance of Rizal, Branch IV, at Quezon City. 7 While this fact alone is not sufficient to warrant disciplinary action, the respondent's conviction for libel shows his propensity to speak ill of others. His letter dated March 11, 1976 to Judge Minerva C. Genovea, then Executive Judge of the City Court of Quezon City 8 contains defamatory and uncalled for language.
The handwritten notes of the respondent regarding different cases pending in Branch VI of the City Court of Quezon City, presided by the complainant, Judge Remigio E. Zari, show that the respondent had exerted undue influence in the disposition of the cases mentioned therein. 9
It is true that conviction for libel does not automatically justify removal of a public officer. 10 However, the fact of conviction for libel of the respondent, taken together with the letter he wrote to then Executive City Judge of the City Court of Quezon City, Judge Minerva C. Genovea, shows the tendency of the respondent to malign people.
Respondent's act of interfering in the cases pending before Branch VI of the City Court of Quezon City presided by the complainant is inimical to the service. This alone warrants severe disciplinary measures.
In his affidavit subscribed and sworn to before then City Judge Oscar A. Inocentes on June 10, 1969, the respondent stated "That I am a person of good moral character and integrity and have no administrative, criminal or police record. "
This averment is not true because the respondent had been convicted of libel in Criminal Case No. Q-7171, of the Court of First Instance of Rizal, Branch IV, in a sentence dated April 28, 1967. This prevarication in a sworn statement is another ground for serious disciplinary action.
The removal from the service of the respondent is warranted by the evidence adduced during the investigation conducted by Judge Sergio A. F. Apostol of the Court of First Instance of Rizal, Branch XVI, Quezon City.
WHEREFORE, the respondent, Diosdado S. Flores, is hereby DISMISSED as Deputy Clerk of Court of Branch VI of the City Court of Quezon City, with forfeiture of all retirement privileges and with prejudice to reinstatement in the national and local governments, as well as, in any government instrumentality or agency including government owned or controlled corporations effective upon the finality of this decision.
Let a copy of this decision be attached to his personal record.
SO ORDERED.
Xxx."
HON. REMIGIO E. ZARI, complainant, vs. DIOSDADO S. FLORES, respondent. A.M. No. (2170-MC) P-1356, November 21, 1979.
The removal from the service of the respondent is warranted by the evidence adduced during the investigation conducted by Judge Sergio A. F. Apostol of the Court of First Instance of Rizal, Branch XVI, Quezon City.
WHEREFORE, the respondent, Diosdado S. Flores, is hereby DISMISSED as Deputy Clerk of Court of Branch VI of the City Court of Quezon City, with forfeiture of all retirement privileges and with prejudice to reinstatement in the national and local governments, as well as, in any government instrumentality or agency including government owned or controlled corporations effective upon the finality of this decision.
Let a copy of this decision be attached to his personal record.
SO ORDERED.
Xxx."
HON. REMIGIO E. ZARI, complainant, vs. DIOSDADO S. FLORES, respondent. A.M. No. (2170-MC) P-1356, November 21, 1979.
