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:
- 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.
- 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.
- 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
- The Court noted this approach aligns with the view that drug abuse is a complex health disorder best addressed through rehabilitation rather than retribution.
- The Court sternly warned Llemos that a repetition of a similar violation will result in dismissal from service.
- 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.
