SPECIAL THIRD DIVISION
[A.M. No. RTJ-14-2401. February 28, 2018.]
OFFICE OF THE COURT ADMINISTRATOR, petitioner,vs. EXECUTIVE JUDGE ILLUMINADA P. CABATO, REGIONAL TRIAL COURT [RTC], BAGUIO CITY; CLERK OF COURT IV ARMANDO G. YDIA, PROCESS SERVER I SONNY S. CARAGAY, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 28, 2018, which reads as follows:
"A.M. No. RTJ-14-2401(Office of the Court Administrator vs. Executive Judge Illuminada P. Cabato, Regional Trial Court [RTC], Baguio City; Clerk of Court IV Armando G. Ydia, Process Server I Sonny S. Caragay, et al.). — The Court NOTES:
(1) the Certifications issued by Ms. Grace M. Tiglao, OIC-SC Supervising Judicial Staff Officer, Cash Division, Financial Management Office, Office of the Court Administrator, dated:
(a) April 3, 2017, that Ms. Elizabeth M. Lockey has paid the court fine of Five Thousand Pesos (P5,000.00) (which was deducted from her refund previously withheld from her terminal leave) under Official Receipt No. 7599252C dated April 3, 2017;
(b) April 5, 2017, that Ms. Rowena C. Pasag has paid the court fine of P5,000.00 under Official Receipt No. 7646216 dated April 5, 2017; and
(c) April 5, 2017, that Ms. Victoria J. Derasmo has paid the court fine of P5,000.00 under Official Receipt No. 7646215 dated April 5, 2017; and
(2) the letters of Ronald T. Rosal, Administrative Officer I, Acting Clerk of Court of the Office of the Clerk of Court, Baguio City, dated:
(a) March 3, 2017, submitting the certified true copy of Official Receipt No. 4018891 as proof of payment of the court fine of P5,000.00 imposed on respondent Lourdes Gallardo Caoili, Clerk of Court III, MTCC, Branch 1, Baguio City; and
(b) March 7, 2017, submitting the certified true copy of Official Receipt No. 4018924 dated March 7, 2017 as proof of payment of the court fine of P5,000.00 imposed on respondent Lourdes D. Wangwang, Clerk IV, MTCC, Branch 2, Baguio City.
For resolution of the Court are motions for reconsideration of its Decision dated January 25, 2017, enumerated as follows:
1. Joint Motion to Clarify dated March 6, 2017 filed by Judge Mia Joy C. Oallares-Cawed, Clerk of Court V Ruth B. Bawayan, Court Clerk III Maria Esperanza N. Jacob-Faustino, Court Interpreter III Melita C. Salinas, Court Stenographer Wilma M. Tamang, and Court Clerk III Reynaldo R. Ramos, all of the RTC, Branch 4, Baguio City;
2. Manifestation and Motion dated March 10, 2017 filed by Judge Mona Lisa V. Tiongson-Tabora of the RTC, Branch 7, Baguio City;
3. Joint Manifestation and Motion dated March 8, 2017 filed by Court Interpreter III George Henry A. Manipon, and Clerk III Dolores G. Romero, both of the RTC, Branch 7, Baguio City;
4. Manifestation with Motion dated March 9, 2017 filed by Court Stenographer III Dolores M. Eserio, RTC, Branch 7, Baguio City;
5. Motion for Partial Reconsideration dated March 14, 2017 filed by Clerk III Dominador Remiendo, RTC, Branch 7, Baguio City; and
6. Partial Motion for Reconsideration dated March 8, 2017 filed by Clerk of Court V Jerico G. Gay-ya of the RTC, Branch 61, Baguio City.
RTC, Branch 4
In the Decision, which affirmed the findings of the Office of the Court Administrator (OCA), the Court found that Process Server I Maria Esperanza N. Jacob, Court Interpreter III Melita C. Salinas, and Clerk III Wilma M. Tamang all left their office without entering their timeouts, while Court Clerk III Reynaldo R. Ramos was found to have logged out at 5:00 p.m. despite the time not yet being 5:00 p.m. Clerk of Court V Ruth B. Bawayan was found to have failed to log-in her time-in and time-out. She was also found to have certified as truthful the Daily Time Records of the other court personnel in their branch despite being untruthful. Thus, Judge Mia Joy C. Oallares-Cawed was admonished for failing to properly supervise her subordinates.
In their Joint Motion to Clarify, however, the above-mentioned court personnel reiterate their claim that:
3. For purposes of clarification and under their oath as officers of the court, it is respectfully submitted that on May 5, 2011, the aforenamed respondents-members of the staff including the Presiding Judge were actually present in the workplace when the Investigating Team (Team) of the Office of the Court Administrator arrived at a little past 5:00 o'clock based on the time reflected by the office wall clock. (Emphasis supplied)
The OCA contravened such contention by simply stating that such bare allegations cannot overcome their findings.
We reconsider.
While the unsupported allegations of court personnel stating that the OCA Team was incorrect would normally not suffice to overcome such findings of the investigating team, here, they are joined by no less than their presiding judge who categorically states that her subordinates were present when the OCA Team arrived at past 5:00 p.m.
Such statement sufficiently supports the court personnel's allegations. As such, they must be exonerated. CAIHTE
Moreover, We are inclined to give credibility to the statement of Presiding Judge Mia Joy C. Oallares-Cawed considering that she has never been the subject of any administrative complaint. Furthermore, upon personal inquiry of the ponente with court officials who know of her and lawyers that have appeared before her sala, Judge Oallares-Cawed is known to be strict on the attendance of her staff and that she is very punctual in reporting for work and in conducting court hearings. She goes to work very early and leaves her sala after normal working hours, that is, past 5:00 p.m. Moreover, the above court personnel have never had any administrative complaints against them. We therefore tend to believe the explanation of the court staff and the judge in their motions for reconsideration as to what happened that day.
Thus, the findings of guilt and liability of Process Server I Maria Esperanza N. Jacob, Court Interpreter III Melita C. Salinas, Clerk III Wilma M. Tamang, and Court Clerk III Reynaldo R. Ramos are reversed and set aside. Clerk of Court V Ruth B. Bawayan's liability for certifying as to the truthfulness of the DTRs of the other court personnel is also reversed and set aside. Therefore, the penalty imposed on Judge Mia Joy C. Oallares-Cawed for failing to properly supervise her subordinates is also deleted.
However, Clerk of Court V Ruth B. Bawayan must still be found liable for failing to log in her time-in and time-out for the day of the investigation. Thus, her only penalty will be a reprimand for violation of reasonable office rules and regulations.
RTC, Branch 7
Similarly, the OCA Team found that Court Interpreter III George Henry A. Manipon, Clerk III Dolores G. Romero, and Court Stenographer III Dolores M. Eserio had left their office before 5:00 p.m. and entered time-outs of 5:00 p.m. Manipon and Romero claim that they were present at the office when the OCA Team arrived at their branch at 5:10 p.m. and that they entered their timeouts of 5:00 p.m. at the insistence of the OCA Team. Eserio, on the other hand, alleges that she left the branch at 5:05 p.m. prior to the OCA Team arriving at 5:10 p.m.
In the Manifestation and Motion filed by Judge Mona Lisa V. Tiongson-Tabora, she states:
10. That in the case of Mr. Manipon and Ms. Romero, the only reason why I verified their DTRs for May 5, 2011 was because I knew for a fact that they were present until 5 p.m. and even beyond the time required of them as I was also working overtime that day. Moreover, I also signed the DTR of Ms. Eserio because I have personal knowledge that she was present during the entire office hours on the said date;
The unqualified statement of Judge Tiongson-Tabora sufficiently supports the contentions of Court Interpreter III George Henry A. Manipon, Clerk III Dolores G. Romero, and Court Stenographer III Dolores M. Eserio. Judge Tiongson-Tabora is known by the Integrated Bar of the Philippines to be very disciplined with herself and her staff in terms of attendance and punctuality. And while she has been the subject of several administrative cases, all of these have been dismissed. As such, Judge Tiongson-Tabora's statement must be given weight and, thus, sufficiently supports the claims of the above court personnel in her sala. They must therefore be exonerated from their liabilities. Consequently, the liability of Judge Tiongson-Tabora must also be extinguished.
Anent Clerk III Dominador Remiendo, he, in his Motion for Partial Reconsideration, moves for the imposition of a lesser penalty stating:
I understand that I must be punished for my mistake of judgment as prescribed by law, however, I am appealing to Your Honor's compassion and for Humanitarian Consideration to modify the penalty prescribed to a lesser degree so as my family would be able to survive.
The High Court, in a catena of cases, did modify penalties imposed to erring employees and in this instance, for the sake of my family, I am appealing to your Honor's understanding and compassion to this lowly employee who have loyally served the court for more than twenty (20) years, who committed his first offense out of mistake in judgment with no real intention to commit a wrong, and now is full of remorse and regret for the infraction committed.
The Court is not unmindful of the great economic impact that a suspension or dismissal from service would effect upon court employees. In fact, the Court considered this when it reduced the penalty recommended by the OCA from dismissal from the service to a six (6)-month suspension. A lesser penalty from this would render nugatory the rules on Dishonesty and Falsification of Official Document and belittle the seriousness of his acts. Therefore, Remiendo's Motion for Partial Reconsideration is denied.
Clerk of Court V Jerico G. Gay-ya
In his Partial Motion for Reconsideration, Clerk of Court V Jerico G. Gay-ya states:
1. The undersigned admits having entered a wrong entry for the timeout in his DTR in the afternoon of May 5, 2011, but weaving all together the given circumstances, the placing of the questionable entry in his May 5, 2011 DTR was without even the least of intentions to falsify an official document, or so as to make it appear that he was in the office when in fact he was not.
Given such admission, the OCA correctly concluded that the fact remains that Gay-ya made an untruthful entry as his time-out having left the office before 5:00 p.m. while making a time-out entry of 5:02 p.m. Assuming that his allegation that he had official business at the Baguio City Legal Office, there was still no reason to log out before 5:00 p.m. at 5:02 p.m. Clearly, his Partial Motion for Reconsideration must be denied.
On a final note, the Court takes notice of the payment of some of the court personnel of the fines imposed in Our Decision dated January 25, 2017. The payment of those whose liabilities were extinguished herein must therefore be returned.
WHEREFORE, the Decision dated January 25, 2017 is hereby MODIFIED as follows:
1. Dominador B. Remiendo, Clerk III, Branch 7, Regional Trial Court, Baguio City, is hereby found LIABLE for Falsification of Official Document and Serious Dishonesty, and is hereby meted the penalty of SUSPENSION for a period of six (6) months without pay and other benefits during the said period, with a stern warning that a repetition of the same offense will be dealt with more severely;
2. Manolo V. Mariano III, Utility Worker, Branch 6, Regional Trial Court, Baguio City, is found LIABLE for Falsification of Official Document and Serious Dishonesty and is hereby meted the penalty of SUSPENSION for a period of three (3) months without pay and other benefits during the said period, with a stern warning that a repetition of the same offense will be dealt with more severely;
3. Jerico G. Gay-ya, Clerk of Court, Branch 61, Regional Trial Court, Baguio City, is found LIABLE for Falsification of Official Document and Simple Negligence and is hereby meted the penalty of FINE in the amount of Five Thousand Pesos (P5,000.00), with a stern warning that a repetition of the same offense shall be dealt with more severely;
4. The following employees are found LIABLE for Falsification of Official Document and are hereby meted the penalty of FINE in the amount of Five Thousand Pesos (P5,000.00) each, with a stern warning that a repetition of the same will be dealt with more severely:
a. Eduardo B. Rodrigo (Process Server, Branch 59, RTC, Baguio City)
b. Elizabeth M. Lockey (Court Stenographer III, Branch 59, RTC, Baguio City)
c. Analiza G. Madronio (Court Stenographer III, Branch 59, Baguio City)
d. Evangeline N. Gonzales (Clerk III, Branch 59, RTC, Baguio City)
e. Marilou M. Tadao (Court Stenographer, Branch 59, RTC, Baguio City)
f. Agnes P. Maca-ey (Court Stenographer, Branch 59, RTC, Baguio City)
g. Marani S. Bacolod (Sheriff IV, Branch 59, RTC, Baguio City)
h. Edgardo R. Orate (Clerk III, Branch 59, RTC, Baguio City)
i. Victoria J. Derasmo (Court Stenographer III, Branch 6, RTC, Baguio City)
j. Rowena C. Pasag (Clerk III, Branch 6, RTC, Baguio City)
l. Perla B. Dela Cruz (Court Stenographer II, Branch 2, MTCC, Baguio City)
m. Lourdes G. Caoili (Clerk of Court III, Branch 1, MTCC, Baguio City)
n. Lourdes F. Wangwang (Clerk IV, Branch 2, MTCC, Baguio City)
5. The following employees are found LIABLE for Violation of Reasonable Office Rules and Regulations and are hereby meted the penalty of REPRIMAND, with a stern warning that a repetition of the same shall be dealt with more severely:
a. Jonathan R. Geronimo (Utility Worker, Branch 5, RTC, Baguio City)
b. Leo P. Valdez (Utility Worker, Branch 60, RTC, Baguio City)
c. Concepcion Soliven Vda. Pulmano (Clerk III, Branch 61, RTC, Baguio City)
d. Samuel P. Vidad (Clerk III, Branch 60, RTC, Baguio City)
e. Carolyn B. Dumag (Court Stenographer II, Branch 2, MTCC, Baguio City)
f. Grace F. Desierto (Court Stenographer II, Branch 2, MTCC, Baguio City)
g. Francisco D. Siapno (Utility Worker I, OCC, RTC, Baguio City)
h. Gilbert L. Evangelista (Utility Worker, Branch 59, RTC, Baguio City)
i. Ruben L. Atijera (Sheriff IV, OCC, RTC, Baguio City)
j. Romeo R. Florendo (Sheriff IV, OCC, RTC, Baguio City)
k. Mary Rose Virginia O. Matic (Court Stenographer, Branch 2, MTCC, Baguio City)
l. Antino M. Wakit (Utility Worker II, Branch I, MTCC, Baguio City)
m. Anita A. Mendoza (Court Stenographer III, Branch 7, RTC, Baguio City)
n. Edna P. Castillo (Court Stenographer III, Branch 7, RTC, Baguio City)
o. Romeo E. Barbachano (Process Server, Branch 7, RTC, Baguio City);
p. Ruth B. Bawayan (Clerk of Court, Branch 4, RTC, Baguio City)
6. The following court officials are found LIABLE for Simple Negligence and are hereby ADMONISHED, with a stern warning that a repetition of the same will be dealt with more severely:
a. Judge Roberto R. Mabalot (Branch I, MTCC, Baguio City)
b. Judge Jennifer P. Humiding (Branch 2, MTCC, Baguio City)
c. Judge Antonio C. Reyes (Branch 61, RTC, Baguio City)
d. Remedios Balderas-Reyes (Clerk of Court, OCC, RTC, Baguio City)
e. Alejandro Epifanio D. Guerrero (Clerk of Court, Branch 5, RTC, Baguio City)
f. Mylene May Adube-Cabuag (Clerk of Court, Branch 6, RTC, Baguio City)
g. Jessica D. Guansing ([Acting] Clerk of Court, Branch 59, RTC, Baguio City)
h. Roger L. Nafianog (Clerk of Court, Branch 60, RTC, Baguio City)
7. The charges against the following respondents are hereby DISMISSED for lack of merit: DETACa
a. Ofelia T. Mondiguing (Clerk of Court III, OCC, MTCC, Baguio City)
b. Vilma P. Camit-Wayang (Clerk III, OCC, MTCC, Baguio City)
c. Merlin Anita N. Calica (Cash Clerk III, OCC, RTC, Baguio City)
d. Edwin V. Fangonil (Process Server, OCC, RTC, Baguio City)
e. Namnama L. Lopez (Librarian II, OCC, RTC, Baguio City)
f. Restituto A. Corpuz (Court Stenographer III, Branch 3, RTC, Baguio City)
g. Marlene A. Domaoang (Court Stenographer III, Branch 3, RTC, Baguio City)
h. Florence F. Salango (Legal Researcher, Branch 3, RTC, Baguio City)
i. Elizabeth G. Aucena (Legal Researcher II, Branch 4, RTC, Baguio City)
j. Joy P. Chilem-Aguilba (Court Stenographer III, Branch 4, RTC, Baguio City)
k. Precy T. Goze (Court Stenographer, Branch 5, RTC, Baguio City)
l. Virginia M. Ramirez (Court Stenographer, Branch 5, RTC, Baguio City)
m. Eleonor V. Ninalga (Court Stenographer III, Branch 60, RTC, Baguio City)
n. Angelina M. Santiago (Clerk III, Branch 60, RTC, Baguio City)
o. Eleonor I. Bucaycay (Court Interpreter, Branch 61, RTC, Baguio City)
p. Sonny S. Caragay (Process Server I, OCC, MTCC, Baguio City)
q. Jose E. Orpilla (Sheriff III, OCC, MTCC, Baguio City)
r. Roberto G. Corona, Jr. (Process Server, Branch 6, RTC, Baguio City)
s. Bobby D. Galano (Sheriff IV, Branch 6, RTC, Baguio City)
t. Albert G. Tolentino (Sheriff IV, Branch 61, RTC, Baguio City)
u. Rolando G. Montes (Clerk II, OCC, RTC, Baguio City)
v. Jeffrey G. Mendoza (Clerk III, OCC, RTC, Baguio City)
w. Venus D. Saguid (Court Stenographer III, OCC, RTC, Baguio City)
x. Armando G. Ydia (Clerk of Court, OCC, MTCC, Baguio City)
y. Gail M. Bacbac-Del Isen (Clerk of Court, Branch 3, RTC, Baguio City)
z. Judge Mona Lisa V. Tiongson-Tabora (Presiding Judge, Branch 7, RTC, Baguio City)
aa. George Henry A. Manipon (Court Interpreter III, Branch 7, RTC, Baguio City)
bb. Dolores M. Eserio (Court Stenographer III, Branch 7, RTC, Baguio City)
cc. Dolores G. Romero (Clerk III, Branch 7, RTC, Baguio City)
dd. Judge Mia Joy C. Oallares-Cawed (Presiding Judge, Branch 4, RTC, Baguio City)
ee. Reynaldo R. Ramos (Clerk III, Branch 4, RTC, Baguio City)
ff. Leonila P. Fernandez (Court Stenographer III, Branch 4, RTC, Baguio City)
gg. Maria Esperanza N. Jacob (Process Server I, Branch 4, RTC, Baguio City)
hh. Melita C. Salinas (Court Interpreter III, Branch 4, RTC, Baguio City)
ii. Wilma M. Tamang (Clerk III, Branch 4, RTC, Baguio City) and
8. Finally, the charges against Judge Antonio M. Esteves, Branch 5, RTC, Baguio City; Judge Illuminada P. Cabato, Branch 59, RTC, Baguio City; Joan G. Castillo, former Legal Researcher, Branch 61, RTC, Baguio City; and Ruth C. Lagan, former Court Stenographer III, Branch 60, RTC, Baguio City, are hereby DISMISSED for being moot and academic.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court