772 Phil. 1
LEONARDO-DE CASTRO, J.:
That being the clerk-in-charge of civil cases records and taking advantage of or abusing his position as such, Mr. Arsenio [C]riste in cohort with Plaintiff Roy Balanza falsified and/or forged a Decision in Civil Case No. 5913-V "For Declaration of Nullity of Marriage" of which the undersigned complainant is the Defendant/Respondent. Said Mr. [C]riste issued out the spurious Decision dated April 14, 2008 together with a Certificate of Finality when in fact the subject Civil Case was not yet submitted for Decision and without the knowledge of the Honorable Presiding Judge or the Branch Clerk of Court as Mr. [C]riste wickedly falsified/forged their signatures. Worst, Mr. [C]riste in cohort with the Plaintiff-Petitioner Roy Balanza circulated and/or used the said falsified/forged Decision by furnishing copies to the concerned Civil Registrar Offices. Copies of the falsified/forged Decision and the Certificate of Finality are attached hereto for ready references. Further, the spurious Decision was unlawfully used by Plaintiff/Petitioner Roy Balanza in contracting another marriage during pendency of the case; a copy of the secured Certificate of Marriage is attached hereto for ready reference. Eventually the falsified/forged Decision and the corresponding Certificate of Finality which have been unlawfully circulated/used have reached the knowledge of the Court and that appropriate actions are now being undertaken by the Honorable Court or the Clerk of Court. In fact the Honorable Presiding Judge was shocked and dismayed about the spurious Decision as expressed in its Order dated August 8, 2008; a copy of said Order is attached hereto for ready reference. Nonetheless this [Administrative Complaint is being lodged with this Honorable Office to seek all the legal actions or sanctions as may be necessary and appropriate in the premises especially for the protection and/or preservation of the image and integrity of the judiciary as the pillar in the administration of justice.[3]
5.a. Regina Guiawan Balanza, the complainant herein and respondent in the above-mentioned Civil Case No. 5913-V for Declaration of Nullity of Marriage, had previously agreed to settle the civil aspect of the said case for which she received from the petitioner, Roy Balanza, through his father Romulo Balanza, the total amount of P380,000 the last and full payment of which was made on July 6, 2007; Copies of the following receipts are attached hereto, x x x:
X X X X
5.b. That herein respondent Criste was present when the parties agreed extra-judicially inside the office of the court personnel to settle the civil aspect of the above-mentioned civil case and considering that the ground relied upon by the petitioner Roy Balanza for the Declaration of Nullity of their marriage is Bigamy, the respondent therein Regina Guiawan Balanza, after receiving the amount of money had agreed not to present evidence anymore since according to her, she could not disprove the allegations of bigamy in the complaint and she then agreed in the presence of her counsel to submit the case for the resolution of the Honorable Court. There is no truth to her allegations that the case is not yet submitted for resolution of the Honorable Court as in fact the Honorable Court had issued a Decision dated July 28, 2008 and an Amended Decision dated August 8, 2008 copies of which are attached hereto x x x;
5.c. That herein respondent Criste came upon the alleged Decision dated April 14, 2008 on top of his table and so it was his honest belief that the same was made at the instance of the respondent Regina Guiawan Balanza since she was already satisfied and paid of the amount she demanded from the petitioner Roy Balanza;
5.d. That in view of the honest belief of herein respondent Criste that the questioned Decision was the Decision of the Honorable Court in the above-mentioned civil case and that the Certificate of Finality was issued by the Branch Clerk of Court, he (herein respondent) signed the Xerox copies thereof as true copy on file;
5.e. That herein respondent subsequently learned that herein complainant Regina Guiawan Balanza wanted to ask for more money from Roy Balanza and so she wanted to Nullify/Set Aside the said questioned Decision dated April 4, 2008;
5.f. That before the Honorable Court issued the order dated August 8, 2008 acting on the motion to Nullify/Set aside Decision dated July 24, 2008 filed by therein respondent Regina Guiawan Balanza, through counsel, a Decision dated July 28, 2008 (Annex "G") and an Amended Decision dated August 8, 2008 (Annex "H") were issued by the Honorable Court but the same was again moved for reconsideration by the said Regina Guiawan Balanza which shows her bad faith and the fact that she only misled the court in manifesting through counsel, that she was submitting the case for resolution without presenting anymore any evidence to rebut the petitioner's evidence; x x x;
5.g. That the Honorable Court subsequently granted the Motion of Regina Guiawan Balanza in its Order dated September 17, 2008 x x x;
5.h. That to show the real character of herein complainant Regina Guiawan Balanza being a deceiver and swindler, an Affidavit of Romulo Balanza is hereto attached x x x; That it was also discovered recently by said Romulo Balanza that said Regina Guiawan Balanza was previously married to one Crisaldo Galon on May 28, 1991 which is five (5) years prior to her marriage to Roy Balanza on September 23, 1996 as evidenced by the Marriage Contract which is attached to the Affidavit of Romulo Balanza;
6. That Regina Guiawan Balanza in filing the instant administrative complaint against herein respondent did not come to court with clean hands considering" that her real motive is to harass herein respondent and to get more money from the other party which should not be countenanced by the Honorable Court Administrator[.][5]
I am the complainant in OCA IPI NO. 08-2966-P, now pending investigation before the Executive Judge of the Regional Trial Court, Vigan City, Ilocos Sur entitled: Regina Guiawan-Balanza complainant versus Arsenio P. Criste, wherein I executed a Complaint against [Criste].
That after a thorough consideration of the facts and circumstances of the instant case, I came to realize that it was due to a miscommunication or honest misapprehension of facts that led to the filing of the instant complaint;
That in view thereof, I am no longer interested to pursue my complaint against [Criste] and the further investigation of the case against him;
That I am executing this affidavit to attest to the truth of the foregoing facts and to further declare that I am withdrawing my complaint against [Criste] and to pray that the Office of the Honorable Court Administrator to DISMISS the same.
There is nothing on record to support the acts complained of and to attribute to respondent Criste the acts of grave misconduct, dishonesty, infidelity in the custody/access to judicial records and/or acts prejudicial to the interest of the service. The investigating judge is not making a declaration that [Criste] did not commit the acts, but since no evidence was adduced to indict him, he now enjoys the benefit of the doubt.
The acts complained [of] by [Regina] stemmed from a decision which then Judge Dominador Arquelada (now retired) disowned as having been signed by him. For unknown reasons, neither Judge Arquelada nor the then Clerk of Court, Atty. Charisma Naida Castillo conducted any investigation on the issuance of the alleged spurious decision. With [Regina] 's desistance and with no evidence presented to support her complaint, there is no substantial evidence to damn respondent, Arsenio Criste.
While the acts complained of were not proven, the undersigned believes that respondent Criste gave undue attention to this case by reason of his acquaintance to the petitioner [Roy] in Civil Case No. 5913-V. He admitted in his Answer that he took it upon himself to sign the Xerox copies of the questioned Decision as true copies x x x which is not part of his functions as a civil docket clerk. It is recommended that [Criste] be reprimanded or fined to avoid a repetition of such act.[11]
PREMISES CONSIDERED, we respectfully recommend for the consideration of the Court that:
1. the Report dated 11 April 2012 of Investigating Judge Cecilia S. Dulay-Archog, Branch 21, Regional Trial Court, Vigan, Ilocos Sur, be NOTED:
2. the instant administrative complaint be RE-DOCKETED as a regular administrative matter; and
3. Arsenio P. Criste, Clerk III, Branch 21, Regional Trial Court, Vigan City, Ilocos Sur, be ADJUDGED GUILTY of dishonesty and falsification of public document and be SUSPENDED from the service without pay for six (6) months and one (1) day, with a STERN WARNING that a repetition of the same or similar acts in the future shall be dealt with more severely.
We have always held that the withdrawal of the complaint or the desistance of a complainant does not warrant the dismissal of an administrative complaint. This Court has an interest in the conduct and behavior of its officials and employees and in ensuring at all times the proper delivery of justice to the people. No affidavit of desistance can divest this Court of its jurisdiction under Section 6, Article VIII of the Constitution to investigate and decide complaints against erring officials and employees of the judiciary. The issue in an administrative case is not whether the complainant has a cause of action against the respondent, but whether the employee has breached the norms and standards of the courts. Neither can the disciplinary power of this Court be made to depend on a complainant's whims. To rule otherwise would undermine the discipline of court officials and personnel. The people, whose faith and confidence in their government and its instrumentalities need to be maintained, should not be made to depend upon the whims and caprices of complainants who, in a real sense, are only witnesses. Administrative actions are not made to depend upon the will of every complainant who may, for one reason or another, condone a detestable act. Such unilateral act does not bind this Court on a matter relating to its disciplinary power.
Executive Judge Dulay-Archog herself believes that [Criste] "gave undue attention to the case by reason of his acquaintance to the petitioner [Roy] in Civil Case No. 5913-V" who is also his townmate. Thus, it is not surprising that [Criste] appears to be too familiar with the circumstances of the case that occurred both in and out of the court. He admitted to be present when [Regina] and her estranged husband [Roy] Balanza agreed to settle the "civil aspect" of the said case. He was likewise present when [Regina] received the "amount of money" from her estranged husband inside the office of the court personnel of Branch 21 following her assurance that she would no longer present evidence in the said case, and agreed instead to submit the case for resolution. He also knew that the primary motive of [Regina] in filing a Motion to Nullify/Set Aside the spurious 4 April 2008 Decision was allegedly to ask for more money from her estranged husband.[20]
2.1.23 Clerk III 2.1.23.1 receives and dockets cases filed with the Office of the Clerk of Court; 2.1.23.2 maintains and keeps custody of docket books for criminal, civil, special civil actions, land registration, special proceedings, administrative cases and reconstituted cases; 2.1.23.3 indexes cases filed with the Office of the Clerk of Court; 2.1.23.4 prepares and initials clearances; and 2.1.23.5 performs other duties that may be assigned to him.
1.2. Branch Clerk of Court
xxxx 1.2.9. signs, summonses, subpoenas and notices; remittances of prisoners, certified true copies of decisions and orders, letters of administration and guardianship, transmittals of appealed cases, indorsements and communications, and monthly reports of cases[.]