SECOND DIVISION
[A.M. No. P-15-3328. June 26, 2019.]
GLENDA A. REAMOSIO, complainant, vs.PATRICIA DE LEON, CLERK III, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, NAGA CITY, CAMARINES SUR, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated26 June 2019which reads as follows:
"A.M. No. P-15-3328 — GLENDA A. REAMOSIO, complainant, versus PATRICIA DE LEON, CLERK III, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, NAGA CITY, CAMARINES SUR, respondent.
In a letter 1 dated April 10, 2012 addressed to Executive Judge Pablo Formaran III, Regional Trial Court (RTC), Naga City, Glenda Reamosio (Reamosio) alleged that respondent Patricia De Leon (De Leon), Clerk III, Office of the Clerk of Court (OCC), RTC, Naga City, Camarines Sur, offered to facilitate the reconstitution of two land titles for a fee. 2 In a separate Affidavit 3 dated April 10, 2012, Reamosio further alleged the following: as payment for the said reconstitution, she sent to De Leon, through LBC, the amount of P5,000.00 on June 6, 2010 and another P5,000.00 on July 20, 2010; she also personally handed another P5,000.00 to De Leon on August 13, 2010; the last payment to De Leon was given by Reamosio's father and a certain Teddy Valiente. However, De Leon failed to deliver the reconstituted titles. 4
In a 1st Indorsement 5 dated April 27, 2012, Executive Judge Formaran III forwarded to the Office of the Court Administrator (OCA) the said Affidavit and letter, noting that these are related to an earlier affidavit filed by Reamosio's sister, Arlene, that was also indorsed to the OCA on February 21, 2012. 6 HTcADC
In a 1st Indorsement 7 dated June 14, 2012, the OCA referred the said complaint to De Leon for her Comment within 10 days. 8 On January 11, 2013, the OCA sent a 1st Tracer to De Leon, noting that she did not comply with the 1st Indorsement and that if she failed to file her Comment within five (5) days from receipt, the matter would be submitted to the Court for resolution. 9 However, De Leon failed to file her Comment. 10
In a Report 11 dated April 28, 2015, the OCA made the following findings: In an administrative matter 12 in 1991, De Leon was suspended for 15 days without salary for non-payment of debts and conduct unbecoming a government employee. 13 In another administrative matter 14 in 2003, she was reprimanded for willful failure to pay just debts. 15 Upon verification with the Office of the Administrative Services (OAS), De Leon was dropped from the rolls effective February 1, 2012, pursuant to the Resolution dated August 12, 2013 of the Court's First Division. 16 In the instant administrative matter, the OCA found that De Leon is guilty of grave misconduct based on the allegations in the Affidavit, letter, and LBC official receipts (shipper copy) that she received money from Reamosio for the reconstitution of titles, thus violating Section 3 of Republic Act (RA) No. 3019 and Section 2, Canon 1 of the Code of Conduct of Court Personnel. 17 While grave misconduct is punishable by dismissal pursuant to Section 46 (A) of the 2011 Revised Rules on Administrative Cases in the Civil Service, the same could no longer be effected because she has been dropped from the rolls. 18 Thus, the OCA recommended the imposition of fine and forfeiture of retirement benefits of De Leon. 19 In sum, the OCA's recommendations are as follows: (1) the instant administrative matter be re-docketed as a regular administrative matter; (2) De Leon be found guilty of grave misconduct and willful violation of Supreme Court rules, directives and circulars, and be fined in the amount of P40,000.00 (in lieu of dismissal), said fine to be deducted from her leave credits and in case of a deficiency, the same shall be paid by De Leon directly to the Court; and (3) in addition to the imposed fine of P40,000.00, all retirement benefits, excluding accrued leave credits, of De Leon be forfeited, with prejudice to re-employment in any government office, including government-owned or -controlled corporations. 20 CAIHTE
The Court notes that in another administrative matter 21 in 2018, De Leon was found guilty of dishonesty, grave misconduct, and insubordination, to wit:
In this matter, the OCA observed that De Leon had falsely promised Olivan that the execution of the writ would be expedited in exchange for P9,500.00, and accepted the said amount. x x x
xxx xxx xxx
x x x [T]he evidence had established De Leon's intent to extort money from Olivan by making her falsely believe that the execution of the writ would be expedited in exchange for P9,500.00 n and actually accepting the said amount. Such display of dishonesty and misconduct not only gravely endangers the trust and confidence of the people in the judiciary, but also violates Section 3(b) of RA 3019 — an offense which, when committed by an official or personnel of the judiciary, would be a serious affront to the image of this hallowed branch of government.
xxx xxx xxx
Finally, it also bears emphasizing that De Leon's and Surtida's failure to file their respective comments, despite the Court's directive for them to do so, shows their utter indifference thereto, and is tantamount to insubordination.
As for the imposable penalty, grave misconduct is punishable by dismissal from the service for the first offense x x x.
In this regard, it is relevant to note that this is not the first time that De Leon and Surtida have been held administratively liable. In Villaseñor vs. De Leon, the Court reprimanded De Leon x x x. Moreover, considering that De Leon had already been dropped from the rolls, the Court can only impose a fine or forfeiture of benefits to her.
Taking into account the number and gravity of De Leon's offenses in this matter and her previous administrative liability, the Court finds the fine of P40,000.00, as recommended by the OCA, too lenient. Therefore, the Court hereby forfeits all of her benefits, excluding her accrued leave benefits, and perpetually disqualifies her from being re-employed in any government agency or instrumentality, including government-owned and controlled corporations or government financial institutions, without prejudice to the filing of appropriate civil and criminal cases against her. 22 [Citations omitted]
Since all of De Leon's benefits have already been forfeited in the above 2018 administrative matter, the Court hereby affirms with modification the OCA's findings and recommendation of P40,000.00 fine to be deducted from her leave credits, if any, and in case of a deficiency, the same shall be paid by De Leon directly to the Court.
WHEREFORE, the Court finds Patricia De Leon, former Clerk III, Office of the Clerk of Court, Regional Trial Court, Naga City, Camarines Sur, GUILTY of grave misconduct and willful violation of Supreme Court rules, and hereby FINED in the amount of Forty Thousand Pesos (P40,000.00) to be deducted from her leave credits, if any, and in case of deficiency, the same shall be paid by De Leon directly to the Court. aScITE
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 2.
2.Id. at 2, 13.
3.Id. at 1.
4.Id. at 1, 13.
5.Id. at 7.
6.Id. at 7.
7.Id. at 11.
8.Id.
9.Id. at 12.
10.Id. at 13.
11.Id. at 13-17.
12.NMB Credit, Inc. v. De Leon, A.M. No. P-90-440, May 15, 1991.
13.Rollo, p. 14.
14.Villaseñor v. De Leon, 447 Phil. 457 (2003).
15.Rollo, p. 14.
16.Id.
17.Id. at 14-16.
18.Id. at 16.
19.Id. at 17.
20.Id. at 16-17.
21. 6, 2018.
22.Id.Contreras v. De Leon, A.M. No. P-15-3400, November
n Note from the Publisher: Written as "P9,5000.00" in the original document.