FIRST DIVISION
[G.R. No. 249284. January 15, 2020.]
NERI ANNE M. ALIBUYOG, petitioner, vs. WILFREDO O. HERMOSURA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 15, 2020which reads as follows:
"G.R. No. 249284 — NERI ANNE M. ALIBUYOG, petitioner, versus WILFREDO O. HERMOSURA, respondent.
The Court resolves to DENY the Petition and AFFIRM WITH MODIFICATION the Court of Appeals' (CA) Decision 1 dated October 25, 2018 and Resolution 2 dated August 16, 2019 in CA-G.R. SP No. 10577 for failure to show that the CA committed any reversible error in reducing the penalty from dismissal from service to one (1) year suspension without pay.
After a judicious review of the case, the Court finds that the CA acted correctly in considering the mitigating circumstances of length of service, the fact of restitution, and that respondent had no previous infraction. HTcADC
Respondent is, however, liable to the government for interest on the belatedly settled amount of P154,494.35 at a rate of six percent (6%) per annum3 from February 25, 2009, the date he was first directed to settle the unliquidated amount in the first demand letter sent to him dated February 18, 2009, 4 until August 26, 2016, 5 the date he finally returned the amount.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENA
Division Clerk of Court
Footnotes
1.Rollo, pp. 47-55. Permed by Associate Justice Edward B. Contreras and concurred in by Associate Justices Gabriel T. Ingles and Marilyn B. Lagura-Yap.
2.Id. at 57-59.
3. See CIVIL CODE, Art. 2209.
4.Rollo, p. 67.
5.Id. at 118.