Office of Administrative Services, Supreme Court v. Johnny R. Llemos A.M. No. SC-23-001 (Formerly JIB FPI No. 22-008-SC)

Office of Administrative Services, Supreme Court v. Johnny R. Llemos
A.M. No. SC-23-001 (Formerly JIB FPI No. 22-008-SC)
April 30, 2024

Facts:

• Johnny R. Llemos, a Painter I in the Maintenance Division of the Supreme Court, tested positive for methamphetamine use in a random drug test conducted on July 11, 2022.
• The positive result was confirmed by the National Bureau of Investigation.
• Llemos admitted to using illegal drugs in his comment, but claimed it was not habitual. He apologized and asked for leniency for the sake of his work and children.

Issue:
Whether Llemos is guilty of gross misconduct and use of illegal drugs, and what the appropriate penalty should be.

Ruling:

1. The Court found Llemos guilty of gross misconduct constituting violations of the Code of Conduct for Court Personnel and use of illegal drugs or substances.
2. While the Judicial Integrity Board recommended dismissal from service, the Court modified the penalty to suspension from office without salary and other benefits for one year.
3. The Court considered the following mitigating factors:

• Llemos readily admitted his liability
• He displayed earnest remorse
• He implored leniency for the sake of his children’s education

1. The Court noted this approach aligns with the view that drug abuse is a complex health disorder best addressed through rehabilitation rather than retribution.
2. The Court sternly warned Llemos that a repetition of a similar violation will result in dismissal from service.
3. The Supreme Court Medical and Dental Services was directed to refer Llemos to a suitable drug rehabilitation facility at his own expense.

The decision is immediately executory.