479 Phil. 141
CARPIO MORALES, J.:
NATURE OF THE CASE : | ROBBERY (SNATCHING) |
COMPLAINANT : | LANI D. BORJA Y DUCOT, 42 yrs old, married, employee, and res. At 742 T. Anzures St., Sampaloc, Manila. |
LOSSES : | One black backpack bag, containing the ff: 1. Cash Money worth 2. One pc. ATM Card (Allied Bank) 3. Pertinent Documents, etc. |
SUSPECTS : | FOUR (4) malefactors, whose description were not given. |
DATE/TIME/PLACE OF OCCURRENCE : | June 21, 2001 at around 6:30 p.m. committed inside the passenger jeepney located along J. Fajardo St., Governor Forbes St., Samp., Manila. |
Complainant personally came to this station and reported the aforecited case for investigation.The MeTC Executive Judge, by letter to this Court dated July 3, 2001,[6] sought an extension of the period to file his report on the case against Maruhom on account of the retaking of the testimony of Sarip due to the loss of the stenographic notes of his (Sarip’s) original testimony. Despite the scheduling and rescheduling of the retaking of Sarip’s testimony, Sarip never showed up.
It appears that on or about the 22nd day of June 2001 at around 6:30 p.m. while complainant was on board a Balic-Balic bound passenger jeepney located along J. Fajardo St., Sampaloc, Manila, when one of the suspects who was then hanging flambouyantly at the rear end of the jeepney, suddenly snatched her backpack bag containing the aforecited losses. Once in possession, suspect, together with his cohorts, hurriedly jumped off and fled with the loot in unknown destination.
Complainant further avers that she was not able to recognized the suspects because it was already dark and their heads/faces were outside the jeepney as they were moving towards the direction of Balic-Balic Sampaloc, Manila.
In view thereof, this case will be placed under further investigation and follow-up. (Underscoring supplied)
By Resolution of June 9, 2003,[9] this Court Resolved to ADOPT the first three immediately quoted recommendations of the OCA, and Required Borja and the MeTC Executive Judge to MANIFEST within twenty (20) days from notice whether they are submitting the case for resolution on the basis of the pleadings/records already filed and submitted. In compliance with this Court’s directive, Borja filed a Manifestation dated October 2, 2003[10] declaring as follows:
- The instant complaint against Sheriff Dipangampong R. Maruhom, MeTC, OCC, Quezon City, be DISMISSED for lack of merit;
- The letter-report dated 03 July 2001 of then Acting Executive Judge Jenri JP Inting, MeTC, Branch 33, Quezon City reporting the loss of the stenographic notes taken during the hearing on 28 May 2001 be DOCKETED as a separate administrative case against Court Stenographer Lani D. Borja, MeTC, Branch 33, Quezon City;
- The letter-explanation dated 26 June 2001 of Court Stenographer Lani D. Borja, MeTC, Branch 33, Quezon City admitting that she lost the subject notes on 21 June 2001 when her back pack bag was suddenly snatched by an unknown male person while she was inside a public utility jeepney bounded for Balic-Balic, Sampaloc, be NOTED.
- Court Stenographer Lani D. Borja, MeTC, Branch 33, Quezon City, be found guilty of NEGLIGENCE for failure to ask prior permission from her immediate superior to bring at home court records and for failure to provide proper protection and measure to prevent the loss of the same record and she be meted the penalty of suspension of one (1) month and one (1) day without pay with a WARNING that a repetition of similar act in the future will be dealt with more severely.
In compliance [with] the Honorable Court’s resolution dated June 9, 2003, the undersigned respectfully manifest the following:Simple Neglect of Duty has been defined as the failure of an employee to give attention to a task expected of him and signifies a disregard of a duty resulting from carelessness or indifference.[11] That Borja failed to priorly seek the authority of her immediate superior to bring home the stenographic notes and to safeguard them reflect her disregard of a duty arising from carelessness or indifference.
That on June 21, 2001 at around 6:30 in the evening, the undersigned boarded a jeepney bounded for Balic-Balic, in the vicinity of J. Fajardo Street, Sampaloc Manila;
A male person boarded that same jeepney at the rear exit thereof. Suddenly, that male person grabbed and stolen (sic) the backpack bag of the undersigned where her stenographic notes for the hearing of OCA IPI No. 99-627-P, Abdal M. Sarip vs. Dipangampong R. Maruhom, held on May 28, 2001, was kept for purposes of transcribing the sane (sic) in her house due to heavy loads.
Proof of this event is the duplicate original of the Police Report executed by Police Investigator Jessie N. Oliveros and appended as Annex “A.”
Henceforth, undersigned remains hopeful that the Court shall find her manifestation meritorious and the case filed against her be Dismissed.