Prudential Bank vs. Jose P. Castro

Republic of the PhilippinesSUPREME COURT

EN BANC

A.M. No. 2756 June 27, 1988

PRUDENTIAL BANK, complainant, JUDGE JOSE P. CASTRO and ATTY. BENJAMIN M. GRECIA, respondents.

AMENDED DECISION

 

PER CURIAM:

Acting on the letter-appeal, dated June 6, 1988, filed on behalf of respondent Judge by his children, seeking clarification of the Decision of June 5, 1986, on whether or not the Order of this Court forfeiting all of said Judge's retirement benefits and pay "exclude the monetary value of his accumulated lated leave credits which he earned during his thirty six (36) years of service in the government, the last eleven (11) years of which were spent in the Judiciary," and praying that the same be so excluded considering their need for funds for the continuing medication of respondent Judge, now afflicted with liver cancer on its terminal stage, the Court RESOLVED, out of humanitarian considerations, and following the precedent in Cathay Pacific Airways, Ltd. vs. Hon. Romulo, Jr., 143 SCRA 396 [1986]), to AMEND the first paragraph of the dispositive portion of its Decision of June 5, 1986, to read as follows:

WHEREFORE, the Court RESOLVES:

1. Respondent Judge is hereby ordered dismissed from the service, with forfeiture of all retirement benefits and pay and with prejudice to reinstatement in any branch of the government or any of its agencies or instrumentalities. He may, however, enjoy all vacation and sick leave benefits that he has earned during the period of his government service. This decision is immediately executory. (Revision italicized)

xxx xxx xxx

SO ORDERED.

Yap, C.J., Fernan, Narvasa, Melencio-Herrera, Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin, Sarmiento, Cortes, Griño-Aquino and Medialdea, JJ., concur.

Gutierrez, Jr., J., on leave.