Friday, September 30, 2011

Misconduct and Malicious Complaint

Making false accusations and sowing intrigues are acts unbecoming of a public servant. They run against the principles of public service envisioned by the Constitution and by the Code of Conduct and Ethical Standards for Public Officials and Employees. The Supreme Court stressed that these acts cannot be tolerated if we were to demand the highest degree of excellence and professionalism among public employees, and if we were to preserve the integrity and dignity of our courts.
The SC recently found three employees of a lower court liable for misconduct for tape recording a conversation with a litigant and his counsel regarding the receipt by their co-employee from the latter of money for safekeeping, and thereafter filing a complaint for the alleged illegal deposit against said co-employee before the court. The SC found the process server guilty of gross misconduct for disregarding the terms of the Anti-Wiretapping Act within court premises, tape recording a conversation to secure it as evidence, and using said taped conversation as basis for a complaint against a co-employee. On the other hand, the court stenographers were found guilty of simple misconduct for their participation in the illegal tape recording of the subject conversation.

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