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SECOND DIVISION

A.M. No. P-2254 July 17, 1981

FELICIDAD FELARCA-BERDIN, Complainant, vs. PETRONILA AMBROSIO-GARCIA, Respondent.chanrobles virtual law library

AQUINO, J.:

Felicidad Felarca-Berdin charged Petronila Ambrosio Garcia, a clerk-stenographer in Branch V of the city court of Quezon City, with willful failure to pay just debts and frequent unauthorized absences or tardiness.chanroblesvirtualawlibrarychanrobles virtual law library

Mrs. Garcia denied the charges. After Mrs. Berdin had filed a reply and Mrs. Garcia had submitted a rejoinder, the case was referred to the executive judge of the city court for investigation, report and recommendation.

Willful failure to pay just debts. - The evidence shows that sometime in May, 1975, Mrs. Berdin, 66, a retired government employee and her sister, Mariquita L. Felarca, leased to Mrs. Garcia and her husband a room on the ground floor of her house located at 16 Banahaw Street, Cubao, Quezon City for a monthly rental of one hundred pesos payable within the first five days of the month, with free light and water.chanroblesvirtualawlibrarychanrobles virtual law library

The Garcia spouses complied faithfully with their obligation for the first few months. Then, they defaulted and their arrearages piled up.chanroblesvirtualawlibrarychanrobles virtual law library

On December 21, 1975, Mrs. Berdin caused respondent's husband, Reynaldo, to sign a document captioned "Reynaldo Garcia Rental Schedule of Payment" under which he agreed to pay on a staggered basis up to August 31, 1976 the back rentals amounting to P589 as of December, 1975 together with the rental for January, 1976. Respondent Mrs. Garcia also signed that agreement (Exh. A).chanroblesvirtualawlibrarychanrobles virtual law library

Because the Garcias only made sporadic payments, Mrs. Berdin reminded them of their obligation in her letter dated October 21, 1976. In May 1979 when the Garcias' obligations totalled P1,505.00, Mrs. Berdin's lawyer sent them a pay-and-vacate demand letter dated May 31, 1979, giving them until the end of June, 1979 to settle their account and to leave the premises.chanroblesvirtualawlibrarychanrobles virtual law library

On June 4, 1979, the Garcias paid fifty pesos but did not vacate the room. As of that date, their back rentals amounted to P1,555.00 (Exh. Z). On August 14, 1979, Mrs. Berdin filed an ejectment suit against the Garcia spouses in the Quezon City city court (Civil Case No. 35986).chanroblesvirtualawlibrarychanrobles virtual law library

At the same time, she lodged with the executive judge of the city court the administrative complaint against Mrs. Garcia. (See sec. 36[b][22], Civil Service Decree, Presidential Decree No. 807.)chanrobles virtual law library

As a counter-move, the Garcias filed with the city court on August 28, 1979 a petition for consignation of rentals. They alleged that Mrs. Berdin had deliberately refused to accept their payments so that she would have a pretext to eject them.chanroblesvirtualawlibrarychanrobles virtual law library

Eventually, or as of August, 1980 and shortly before the hearing of this administrative case, the Garcias were able to pay the back rentals. The investigator found that Mrs. Garcia deliberately failed to pay the back rentals. That finding is supported by the evidence.

Tardiness. -As to the charge of tardiness or irregular office attendance, Mrs. Berdin attached to her complaint the affidavits of Monica Rance and Cristobella Engana who alleged that Mrs. Garcia invariably left her residence at nine o'clock in the morning and returned at about four in the afternoon, carrying with her a plastic bag containing fresh fish, meat and vegetables which she cooked in the morning.chanroblesvirtualawlibrarychanrobles virtual law library

The investigator found that the second charge was not proven. The vague and inconsistent testimonies of Mrs. Berdin's witness ; cannot prevail over Mrs. Garcia's time records which show that she maintained regular office hours (Exh. 8 to 16-C). She is hereby exculpated from that damage.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, for willful failure to pay just debts, respondent Mrs. Garcia is ordered to pay a fine equivalent to her salary for fifteen days. A copy of this decision should be attached to her personal record.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.