Atty. Melita S. Recto-Sambajon vs. PAO G.R. No. 197745 September 6, 2017 Case Digest

Atty. Melita S.
Recto-Sambajon vs. Public Attorney's Office G.R. No. 197745 September 6,

2017
FACTS:
On 17 June 2009, Chief Public Attorney Persida V. Rueda-Acosta (Chief Acosta) summoned
petitioner Atty. Recto-Sambajon due to the latter's reaction to her reassignment from the Public
Attorney's Office (PAO) Legal Research Service - Central Office to the PAO Valenzuela City
office. Initially, Atty. Recto-Sambajon denied reports that she had cried over her supposed
reassignment. She, however, was overcome by emotion and uttered in anger, "Yung mga
naghahatid [ng] maling impormasyon kay Chief ay paduduguin ko ang mata." Her outburst was
witnessed by Marilyn Boongaling (Boongaling), Ma. Ruby F. Florendo, Alma E. Dumago-Latos
and Tricia Larrissa Leofando, PAO personnel present at that time.
On 18 June 2009, Atty. Recto-Sambajon, together with Atty. Froilan Cabarios, Officer-in-Charge
of the Field Operation and Statistics Office, went to the office of Atty. Amelia C. Garchitorena
(Atty. Garchitorena), head of the Special and Appealed Cases (SACS) and asked Atty.
Garchitorena whether Herminia Polo, a SACS staff, told Chief Acosta that she had cried after
learning of her reassignment. Atty. Garchitorena responded that she told Chief Acosta that Atty.
Recto-Sambajon cried when the latter learned that she would be reassigned, and that during their
conversation, Atty. Recto-Sambajon threatened "whoever will feed any wrong information to the
Chief, I will shoot them conjoined through the eyes."
On 22 June 2009, after the flag ceremony, Atty. Recto-Sambajon asked Nelson Acevedo
(Acevedo), an administrative staff, where Boongaling was. When Acevedo told her that
Boongaling was at the conference room, she responded, "sabihin mo sa kanya, pag may
nangyari sa anak ko babarilin ko siya." While Acevedo was trying to pacify Atty.
RectoSambajon, Boongaling emerged from the conference room and called Acevedo. After
seeing Boongaling, Atty. Recto-Sambajon reiterated her threats and told the former she would
shoot her should anything happen to her child as she was pregnant at the time. For fear that Atty.
Recto-Sambajon would carry out her threats, Boongaling reported the incident to Chief Acosta
on the same day.
Due to her remarks in these occasions, She was asked why she should not be administratively
charged with grave misconduct. In her Memorandum, dated 31 July 2009, Atty. RectoSambajon
explained that: she had uttered the threatening words to defend herself from the false rumors
spreading against her; and that she was in an unstable physical condition due to her pregnancy
having a history of miscarriage, which was known to her colleagues.
On 17 August 2009, Atty. Recto-Sambajon was formally charged for Grave Misconduct and for
being Notoriously Undesirable. In the PAO's 8 December 2009 Decision, Atty. Mosing found
her guilty of the offenses charged and accordingly dismissed her from the service.
The CSC, however, disagreed that Atty. Recto-Sambajon's hostile remarks amounted to Grave
Misconduct because it was not shown that she was tainted with a depraved and corrupt mind and
that she intended to violate the law or to exhibit a flagrant disregard of established rule. In
addition, the CSC found that Atty. Recto-Sambajon was not Notoriously Undesirable
considering her satisfactory performance rating, and that she had no previous record of any
malfeasance, misfeasance and nonfeasance. It thus concluded that Atty. Recto-Sambajon was
guilty only of Simple Misconduct.
CA reversed the decision of the CSC, finding petitioner guilty of grave misconduct and being
Notoriously Undesirable.
Hence, this petition.
ISSUE:
WON petitioner is guilty of Grave Misconduct and Being Notoriously Undesirable.
HELD:
Under the Revised Rules on Administrative Cases (RRACCS), both Grave Misconduct and
Being Notoriously Undesirable are categorized as grave offenses, punishable by dismissal.
In regards to charges of Grave Misconduct, the Supreme Court ruled that threats made by
Atty. Recto-Sambajon, while should not be taken lightly, are not tantamount to grave
misconduct because it lacks the element of direct relation to the performance of official
duties.
She uttered the threats due to the bad rumors surrounding her and had no direct relation to or
connection with the performance of her official duties amounting either to maladministration or
wilful, intentional neglect or failure to discharge the duties of the office.
Instead, Atty. Recto-Sambajon's actions constitute Conduct Prejudicial to the Best Interest of the
Interest Service, a grave offense under the RRACCS. Unlike Grave Misconduct, Conduct
Prejudicial to the Best Interest of the Service need not be related to or connected with the public
officer's official function as it suffices that the act in question tarnishes the image and integrity of
his/her public office. Thus, it is broader as it encompasses all transgressions which may put a
particular public office in a bad light. Surely, Atty. Recto-Sambajon uttering threatening remarks
against her colleagues, more so in the presence of Chief Acosta, stained the image and integrity
of the PAO as a public institution.
In regards to the charges of Being Notoriously Undesirable, the Supreme Court Ruled in
the positive.
A two-fold test is employed, to wit: (1) whether it is common knowledge or generally known as
universally believed to be true or manifest to the world that the employee committed the acts
imputed against him; and (2) whether he had contracted the habit for any of the enumerated
misdemeanors. Applying these, the Court finds Atty. Recto-Sambajon guilty of Being
Notoriously Undesirable.
In this case, the threatening remarks made by Atty. Recto-Sambajon were generally known
considering that she made those remarks in the presence of several colleagues.1âwphi1 In fact,
she admited to have uttered such but justified it as an emotional outburst. Further, Atty. Recto-
Sambajon manifested a predilection to be violent with her colleagues.
We note that Atty. Recto-Sambajon had threatened her colleagues on several consecutive days
and even had the audacity to utter menacing remarks in the presence of Chief Acosta. Her threats
cannot simply be treated as an emotional outburst considering that she made them on several
occasions. More importantly, the hostile remarks were of a grave nature considering that she had
threatened, not merely to inflict physical pain, but to cause death. Thus, there is substantial
evidence to hold her Notoriously Undesirable. Atty. Recto-Sambajon's hostile and menacing
attitude towards her colleagues has no place in public service.
WHEREFORE, the petition is DENIED. The 25 May 2011 Decision and the 13 July 2011
Resolution of the Court of Appeals in CA-G.R. SP No. 117768 are AFFIRMED.

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Recto-Sambajon vs. Public Attorney's Office G.R. No. 197745 September 6,

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