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Trinidad vs. Javier

ROMAN P. TRINIDAD, COMPLAINANT, VS. ALAN C. JAVIER (SHERIFF IV, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, IN TANAUAN CITY, BATANGAS), RESPONDENT.

A.M. No. P-11-2894 (Formerly OCA IPI No. 10-3429-P) | 2019-04-10

D E C I S I O N
 
PER CURIAM:
 
The 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS)[1] allows the application of mitigating circumstances in administrative cases to soften or lessen the administrative penalty imposable on erring employees of the Judiciary. However, pursuant to Section 53 of the same, the mitigation of penalties is not allowed if the prescribed penalty is dismissal from the service.
 
The Case

The complainant has charged the respondent with grave misconduct, dereliction of duty, conduct prejudicial to the best interest of the service, and violation of Section 9, Rule 141 of...