THE Supreme Court (SC) has dismissed from service three employees of the Court of Appeals for the use of the prohibited methamphetamine hydrochloride, also known as shabu.
In an en banc decision, the High Court found Garry Caliwan, Edmundo Malit, and Frederick Mauricio administratively liable for the serious charge of using illegal drugs or substances in violation of Section 14(o) of Rule 140 of the Rules of Court.
Court records showed that the three tested positive for shabu in a random drug test conducted by the appellate court in 2022.
The result of the random drug test was confirmed by Labtox Analytical Laboratory, Inc., an accredited laboratory facility of the Department of Health and the Dangerous Drugs Board.
Following an investigation, the CA transmitted the case records of the three accused to the Judicial Integrity Board, which recommended to the Court en banc that they be dismissed from service.
In Mauricio’s case, the JIB, noting his early retirement, recommended that he be sanctioned with the accessory penalties of forfeiture of his retirement benefits, except accrued leave credits, and perpetual disqualification from public office in lieu of dismissal from the service.
In resolving the case, the High Court first clarified that the use of prohibited drugs now squarely falls under the serious charge of possession and/or use of illegal drugs or substances, not grave misconduct, when it is committed by members, officials, employees, and personnel of the judiciary, as governed by Rule 140 of the Rules of Court.
Further, under the Guidelines for the Implementation of a Drug-Free Policy in the Philippine Judiciary, there are two scenarios under which a court employee shall be charged with the said offense: when he or she tests positive for drug use through a random drug test, and when he or she voluntarily submits himself or herself to drug testing and is found positive for drug use for a second time, despite having completed the treatment and or drug rehabilitation program.
Applying the foregoing to the case of the three CA employees, the High Court found that the administrative liabilities of Caliwan, Malit, and Mauricio were sufficiently proven not only by the positive results of the 2022 random drug test, but also by their own admissions.
“The Court thus agreed with the Judiciary Integrity Board that the penalty of dismissal from the service is proper and commensurate with the gravity of the offense that respondents committed considering that this is the second time that they have tested positive for dangerous drugs in a random drug test, and they did so after having been given a chance by the CA to undergo treatment and rehabilitation,” the SC said.
It added that under Section 17 (1)(a) of Rule 140 of the Rules of Court, as amended, a respondent found guilty of a serious charge may be sanctioned with dismissal from service with the accessory penalties; suspension, or fine.
In the same ruling, the SC reminded all court personnel to always act above board and beyond suspicion to earn and keep the respect of the public for the Judiciary.
“Employees found positive for dangerous drug use shall be dealt with administratively, and such finding shall be a ground for suspension or termination, subject to the provisions of the Civil Service Law,” the SC added.
Meanwhile, PNP chief Gen. Benjamin Acorda Jr yesterday reported that some P359 million worth of illegal drugs have been seized since January 1 this year in the PNP’s continuing war against illegal drugs.
In a press briefing at Camp Crame, Acorda said their 3,993 anti-drug operations have also resulted in the arrest of arrest of nearly 5,000 drug personalities.
Acorda has ordered police commanders to conduct intensified intelligence-drive operation against illegal drugs operations when he assumed as PNP chief in April last year.
“We are into intelligence-driven operations. When it comes to drugs, we have HVIs (high-value individuals) and SLIs (street level individuals). They were identified,” said Acorda.
Acorda also reported the PNP’s accomplishments, including the campaign against wanted persons which he said has resulted in the arrest of 6,069 individuals since January 1.
“Our efforts against loose firearms resulted in the arrest of 709 individuals and the confiscation of 3,384 firearms,” he also said. — With Victor Reyes
