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  • Martinez vs. Lim, A.M. No. P-04-1795, March 25, 2009 Case Digest

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    Ace Lawrence Antazo
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    This case involved a complaint filed against Norwell Lim, a sheriff, for alleged grave misconduct and violation of P.D. 26. Regarding the misconduct claim, Lim had sent a letter informing personnel of the Office of the Provincial Prosecutor that they were required to attend the daily flag ceremony. The court ruled that Lim was performing his administrative duties in sending the letter. Regarding the P.D. 26 violation, the court found Lim guilty of using official envelopes for personal correspondence and imposed a fine to be deducted from his retirement benefits. The court adopted the ruling that Lim's letter did not constitute misconduct but did violate P.D. 26 regarding envelope usage.

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    This case involved a complaint filed against Norwell Lim, a sheriff, for alleged grave misconduct and violation of P.D. 26. Regarding the misconduct claim, Lim had sent a letter informing personnel of the Office of the Provincial Prosecutor that they were required to attend the daily flag ceremony. The court ruled that Lim was performing his administrative duties in sending the letter. Regarding the P.D. 26 violation, the court found Lim guilty of using official envelopes for personal correspondence and imposed a fine to be deducted from his retirement benefits. The court adopted the ruling that Lim's letter did not constitute misconduct but did violate P.D. 26 regarding envelope usage.

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    36 views1 page

    Martinez vs. Lim, A.M. No. P-04-1795, March 25, 2009 Case Digest

    Uploaded by

    Ace Lawrence Antazo
    This case involved a complaint filed against Norwell Lim, a sheriff, for alleged grave misconduct and violation of P.D. 26. Regarding the misconduct claim, Lim had sent a letter informing personnel of the Office of the Provincial Prosecutor that they were required to attend the daily flag ceremony. The court ruled that Lim was performing his administrative duties in sending the letter. Regarding the P.D. 26 violation, the court found Lim guilty of using official envelopes for personal correspondence and imposed a fine to be deducted from his retirement benefits. The court adopted the ruling that Lim's letter did not constitute misconduct but did violate P.D. 26 regarding envelope usage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Martinez vs. Lim, A.M. No.

    P-04-1795, March 25, 2009

    FACTS:

     On March 2002, Norwell R. Lim, Sheriff III of the Regional Trial Court of Romblon,
    wrote a letter to the officer-in-charge of the Office of the Provincial Prosecutor
    (OPP) informing that the personnel of the OPP to was to lead the flag ceremony in
    the Hall of Justice that morning, but this was not done because none of them were
    present during the ceremony. He wished to see all the personnel of the OPP
    participate in the flag ceremony the following Monday.
     A complaint was filed by the petitioner personnel of the OPP in the Office of the
    Ombudsman against Norwell, alleging that he committed grave misconduct when
    he portrayed petitioner OPP personnel as unpatriotic Filipinos, tarnished their
    honor, and contempt on their persons.
     Norwell explained that in the absence of the presiding judge, we was the
    administrative officer-in-charge of the Hall of Justice, and so it was his duty to
    require the petitioner OPP personnel to attend the flag ceremony.
     The petitioner OPP personnel filed another case against Norwell this time in
    violation of P.D. 26, a law penalizing the use of envelopes intended for official
    communications and papers related to the conduct of judicial proceedings. Norwell
    used such envelopes to send copies of his counter-affidavit, thus not paying for the
    postage stamps.
     The Office of the Ombudsman dismissed the case but referred it to the Office of the
    Court Administrator (OCA)
     The OCA found no malice with Norwell’s letter to the OPP officer-in-charge, and so
    dismissed the case for lack of merit.
     The petitioner OPP personnel appealed the decision to the Supreme Court.

    ISSUE:

     Was Norwell guilty of grave misconduct when he sent the letter regarding
    attendance to the flag ceremony to the officer-in-charge of the OPP?
     Was Norwell guilty of violating P.D 26 or the usage of envelopes intended for free
    postage for purposes not involving a court process?

    RATIO:

     The Court ruled finding Norwell guilty of violating P.D. 26, and imposing on him a
    penalty of P500, which owing to his retirement, shall be deducted to his retirement
    benefits instead.
     The Court also adopted the ruling of the OCA as to the alleged grave misconduct of
    Norwell. The Court said that Norwell was only doing his duty as administrative
    officer-in-charge of the Hall of Justice of Romblon when he required the petitioner
    personnel of the OPP to attend the flag ceremony.
     Flag ceremonies inspire patriotism and evoke the finest sentiments of love of
    country and people.8 Section 18 of RA9 8491 provides: Section 18. All government
    offices and educational institutions shall henceforth observe the flag-raising
    ceremony every Monday morning and the flag lowering ceremony every Friday
    afternoon. The ceremony shall be simple and dignified and shall include the playing
    or singing of the Philippine National Anthem.

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