end of the period, a CA judgment becomes final, immutable and beyond our power to
review.23
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This rule, however, admits of exceptions based on a liberal reading of the rule,24 so
long as the petitioner is able to prove the existence of cogent reasons to excuse its
non-observance.25 No such reasons were shown to obtain in this case. Petitioner's
reasons of pressures of work attending to numerous court trials, preparation of court
orders and decisions, and large volume of case load, are foreseeable and perennial
problems of most trial court judges. Such reasons are inexcusable, as ordinary
prudence should have prompted him to secure the services of an independent counsel
to defend his administrative case.
While the CA was correct in denying his Urgent Motion for Extension to File Motion for
Reconsideration for being a prohibited motion, the Court, in the interest of justice,
looked into the merits of the case, and opted to suspend the prohibition against such
motion for extension after it found that a modification of the CA Decision is warranted
by the law and the jurisprudence on administrative cases involving sexual harassment.
The emerging trend of jurisprudence, after all, is more inclined to the liberal and
flexible application of procedural rules.26 Rules of procedure exist to ensure the orderly,
just and speedy dispensation of cases; to this end, inflexibility or liberality must be
weighed. Thus, the relaxation or suspension of procedural rules, or exemption of a case
from their operation is warranted only by compelling reasons or when the purpose of
justice requires it.27
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The Court shall now delve on the substantive issue of whether the CA gravely erred in
reversing the Memorandum-Order of the Overall Deputy Ombudsman which
downgraded petitioner's infraction from grave misconduct to simple misconduct, and
the penalty imposed on him from dismissal to a mere one (1) month suspension
without pay.
In Office of the Ombudsman v. Amalio A. Mallari,28 the Court explained the difference
between simple and grave misconduct, as follows:
chanRoblesvirtual Lawlib ra ry
Misconduct is a transgression of some established and definite rule of action, more
particularly, unlawful behavior or gross negligence by a public officer. The misconduct is
considered as grave if it involves additional elements such as corruption or willful intent
to violate the law or to disregard established rules, which must be proven by
substantial evidence; otherwise, the misconduct is only simple. Corruption, as an
element of grave misconduct, consists in the act of an official or fiduciary person who
unlawfully and wrongfully uses his station or character to procure some benefit for
himself or for another person, contrary to duty and the rights of others. In other words,
in grave misconduct, the elements of corruption, clear intent to violate the law, or
flagrant disregard of an established rule must be evident.
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In this case, the Court finds the element of corruption present. As correctly pointed out
by the CA, petitioner used his position and authority as Head of the Legal Division of
PHILRACOM, as well as his moral ascendancy, to elicit sexual favors and to indulge in
sexually malicious acts from his respondent, his female subordinate.29 As to petitioner's
sole defense that he merely gave respondent an innocent birthday greeting kiss, the