356 Phil. 333
PER CURIAM
Perusal of the record together with the sworn statements of the complainant, his Clerk of Court, Nasrodin Ali and the defendant shows that a crime of falsification had been commited by Datu Salem P. Ampatua as can be gleaned from the following facts, to wit:We then referred the report and recommendation to the Office of the Court Administrator on 8 December 1997 for evaluation, report and recommendation.
1. On August 8, 1996, defendant forged the signature of the complainant in a letter request addressed to the City Mayor of Iligan City, to make it appear that said letter request is the request of the complainant when in fact and in truth it is the defendant's own making without any participation of the complainant.
2. On December 6, 1996, defendant forged the signature of the Clerk of Court in the memorandum receipt to make it appear that it was Nasrodin Ali, the Clerk of Court of Sharia Circuit Court of Iligan that requested one typewriter and two units of staplers and received the same in the Supply Division of the Supreme Court without any participation of the Clerk of Court.
All other alleged falsification made by the defendant such as: forging of signature of the complainant by the defendant in the letter request for one-half (1/2) fare from the William Lines; falsification of the request for executive table from the City Mayor of Iligan which was denied; falsification of the monthly allowance of the complainant from the City Government, were all denied by the defendant in his previous answer and his sworn statement. Hence, doubt must be resolved in favor of the defendant.
From the record and foregoing facts, the Court finds that the present complaint for falsification is the result of misunderstanding between the complaint [sic] and the defendant which started on April 8, 1996 when the defendant requested to attend the PACE Convention but it was turned down by the complainant. The defendant, due to his determination to attend, find ways and means to attend by falsifying the signature in his request for travel which request was granted and consequently received P2,000.00 travel fund from the City Government and attended the PACE Convention held in Lingayen, Pangasinan on April 25-26, 1996. The record further revealed that defendant used to make follow-ups of some Court supplies and the incentive allowances of the complainant without written authority from the latter. That after receipt from the City Cashier of said allowance, he (defendant) gave it to the complainant. Hence, there is no falsification to speak of. That defendant admitted to have forged the signature of the Clerk of Court in the memorandum receipt and received one (1) typewriter and two (2) staplers from the Supply Division, Supreme Court, that said typewriter and two staplers were later turned over to the Court. Yes, falsification is commited but the intention of the defendant is for good.
In the light of the foregoing findings, the Court is of the considered view that falsification under paragraph 2 of Article 171 of the Revised Penal Code had been committed by the defendant, by causing it to appear that the complainant have participated in any act or proceeding when he did not in fact so participate by forging complainant's signature in the letter dated April 8, 1996 and the forging of the signature of Nasrodin Ali, Clerk of Court in the memorandum receipt. Moreover, the acts of defendant constitute dishonesty and misconduct under Section 36 of the Presidential Decree No. 807, otherwise known as the Civil Service Decree of the Philippines and therefor, he should be held liable.
Judge Mangotara thus recommended:
Notwithstanding however, of the omissions and shortcomings of the defendant and considering that no prejudice or injury being suffered by the complainant and/or the government, the Court recommends two (2) months suspension without pay against the defendant, with a warning that repetition of the same, a more severe penalty shall be imposed.
We condemn and would never tolerate any form of misconduct, act or omission on the part of all those in the administration of justice which would violate the norm of public accountability and honesty or even just tend to diminish the faith of the people in the Judiciary. Respondent Ampatua's forging the signature of his Presiding Judge to favor him show [sic] beyond doubt his unfitness to continue to hold any government position. Time and again the Honorable Court has stressed that it must purge unethical employees, like respondent Ampatua or run the risk of destroying the faith of the people in the Judiciary because of his bad example.We agree with the recommendation that respondent must be dismissed from the service, but as to the ban on re-employment, such must not only be from "any government-owned or controlled corporation," but from the Judiciary and any other branch of service, agency or instrumentality of the government. Moreover, it must be with prejudice to whatever benefits he may be entitled to.
Respondent's claim that he simply simply signed the letter because there was already a prior agreement between the complainant and him is untenable.
As admitted by the complainant he simply allowed the attendance of respondent to participate in the PACE Convention but he never authorized him to sign the letter-request for financial assistance. But that as it may, respondent miserably failed to dispute the allegations of complainant that he falsified his signature. Nodoubt respondent is guilty of gross dishonesty and his stay in the Judiciary should no longer be prolonged. For if he can falsify a simple letter with more reason that he too can falsify other court orders/decisions.