516 Phil. 412
PER CURIAM:
Acting on the motion to declare defendant in default filed by Atty. Joseph J.M. Miranda, counsel for the plaintiff, and finding the reasons alleged therein to be tenable, the same is hereby granted.On 06 May 2002, Presiding Judge Rodrigo Flores went to the United States, and complainant Judge Joselito S. Salvador, Branch IV of the same Court, took over as the pairing judge.
WHEREFORE, as prayed for, the defendant is hereby declared in default and judgment be rendered in accordance with the prayer in the complaint pursuant to Section 3, Rule 9 of the 1997 Rules on Civil Procedure.
City of San Fernando (P), April 16, 2002.
[Signed]
Rodrigo R. Flores
Judge
Atty. Josep J.M. Miranda, counsel for the plaintiff in Goldstar, testified that he had already presented evidence ex parte (on March 15, 2002), when he received the order signed by complainant directing plaintiff Goldstar to so present its evidence. Miranda made his presentation, "actually just a marking of exhibits," initially before respondent. Judge Flores arrived later but did not take part therein as he busied himself with other things.After evaluation of the records and evidence at hand, the OCA held that the findings of the Executive Judge are supported by evidence. Accordingly, it recommended the dismissal of respondent from the service, thus:
Miranda disclosed that he told complainant that he had already presented evidence ex parte and so could not be asked to do so again. He said he searched for the order signed by Judge Flores in the case records but could not find it. However, the stenographic notes were attached to said records. A stenographer showed Miranda a copy of the missing order.
Meanwhile, Angelina Lapiceros, stenographer of MTCC-Branch 2, testified that in the morning of April 26, 2002, respondent instructed her to retype the order issued by Judge Flores dated April 16, 2002, relative to the case of Goldstar. She was told to change the date of the order, from April 16, 2002 to May 16, 2002, as well as the contents thereof. Lapiceros said she reminded respondent that there had already been presentation of evidence ex parte in that case and showed him the minutes thereof. Respondent allegedly replied, "hindi excessive." Lapiceros wrote these words on her copy of the order signed by Judge Flores. She likewise wrote thereon the date and time that she spoke with respondent. Lapiceros then kept the order in another file for safekeeping.
Lapiceros said that respondent took said order from her on May 23, 2002 and did not return it. She asked respondent for the order later that same day, but respondent told her "it is part of the records." Lapiceros stated that she was the one who accompanied Atty. Miranda to the office of complainant when the former inquired with the court as regards the conflicting orders issued in Goldstar. She then affirmed before complainant that presentation of evidence ex parte had already been done in the case, and this was corroborated by Gloria Dimarucut, another stenographer, who was summoned by complainant to help shed light on the matter.
During the investigation of this case, Dimarucut testified that she was the stenographer on duty when the presentation of evidence ex parte was done. Present therein, according to her were respondent and Atty. Miranda. Judge Flores arrived midway through the proceedings. Dimarucut added that respondent later on made corrections on her notes taken during the proceedings.
Dimarucut said she handed over her notes to respondent and asked him what order she should type. Corrections were then made by respondent on then notes. Respondent allegedly told Dimarucut that he had not yet prepared an order for typing. About three weeks to a month later, Dimarucut asked respondent again for the order to be typed. Respondent did not answer and instead took the records and gave it to Candelaria Mangulabnan, the court interpreter.
According to Dimarucut, her stenographic notes were already attached to the records on May 22, 2002, and she showed the same to complainant to prove that there had already been ex parte presentation of evidence in Goldstar.
Juanita Flores, clerk of court of the MTCC, also testified in this case. She stated that on May 6, 2002, respondent asked her regarding a motion to declare a defendant in default, without mentioning a particular case. She told him the motion must be set for hearing and a date must be set for the presentation of plaintiff's evidence ex parte. She advised respondent to also consult complainant, which he did. She heard complainant give respondent the same answer as she did. At that time, according to Flores, her table was just a few steps away from complainant's.
Flores corroborated complainant's narration as regards the exchange between him and respondent when complainant confronted respondent about the missing order, i.e., that respondent gave different answers when pressed by complainant concerning the missing order.
x x x x
On May 25, 2004, respondent submitted his formal offer of evidence, way beyond the ten-day period, reckoned from February 3, 2004, given to him by the undersigned. Hence, the evidence adduced by respondent as stated in his formal offer was no longer considered by the undersigned in the preparation of this report. Moreover, the affidavit executed by Judge Flores, aside from being part of the formal offer that was filed late, was also not considered since Judge Flores failed to appear for cross-examination, despite several subpoenas issued to him. Respondent also did not submit his memorandum as required in the order issued by the undersigned on February 3, 2004.
The undersigned finds the following facts to have been duly established:
- In the case of Goldstar v. Jorolan, Judge Rodrigo Flores, former presiding judge of MTCC-Branch 2, issued an order that declared defendant in default;
- Respondent admittedly wrote down the intercalations that appear on said order;
- The words "hindi excessive," written by Lapiceros on the upper right hand corner of the order of Judge Flores, came from respondent, as he himself admitted;
- Prior to the order of complainant dated May 16, 2002 setting a date for ex parte presentation of evidence in Goldstar, such a proceeding had already been held on March 15, 2002, as testified to by plaintiff's counsel and by the stenographer who took down the notes during the proceedings;
- Respondent was present at the ex parte presentation of evidence on March 15, 2002, as shown by the transcript of stenographic notes.
Complainant's version of the incidents surrounding the missing order of Judge Flores dovetails with those of the other court personnel who testified in this case. Respondent's version, on the other hand, is replete with inconsistencies.
Judge Flores issued an order on April 16, 2002 concerning the case of Goldstar. However, this order was not in the records when, a month later, complainant issued a similar order directing the plaintiff in said case to present evidence ex parte. As it turns out, such a presentation of evidence had already been done, and respondent was present therein.
Confronted with this discovery, respondent at first denied any knowledge thereof but later on alleges that Judge Flores had asked one of the stenographers to remove the subject order from the records. During his testimony, he also alleges that he had forgotten all about the presentation of evidence, hence his denial thereof when asked by complainant.
First, the undersigned could not believe that respondent would not remember the ex parte presentation of evidence when asked about it. Assuming arguendo that respondent had forgotten about it, his memory would have been triggered by complainant's reference thereto.
Second, respondent's claim that he had forgotten about the proceedings is inconsistent with the established fact that he asked clerk of court Juanita Flores about the procedure to follow when a defendant in a case is declared in default. While respondent did not mention any particular case, it was in the case of Goldstar that a defendant had recently been declared in default. At the time that respondent asked Flores about this matter sometime in May, it had been more than a month after the presentation of evidence ex parte was done on March 15, 2002, and almost a month after the April 16, 2002 order of Judge Flores.
Moreover, respondent himself testified that he asked Juanita Flores about the matter to be sure about the contents of Judge Flores' order. The undersigned notes that this was after Judge Flores had allegedly told respondent to change the order. Why, then, did respondent not inform complainant forthwith of this standing order? Why did he let complainant sign another order covering the same matter when there is already an existing order signed by Judge Flores? If respondent had nothing to hide why did he deny knowing anything about the order and the ex parte proceedings?
Respondent was also inconsistent about the existence of the stenographic notes in the records. During his testimony, he declared that he was surprised when he saw in the records the stenographic notes of the ex parte proceedings in Goldstar. However, during the same testimony, he stated that when he looked at the records, the stenographic notes were not there. The undersigned notes that said stenographic notes appear in the records but without any transcription. The transcription was made only after this case was initiated, to be presented in evidence, and had not been attached to the records.
The transcript shows that respondent was present at the ex parte proceedings and that he received the evidence presented by plaintiff, respondent is not a lawyer. His action is thus in violation of Section 9, Rule 30 of the Rules of Civil Procedure, which states that in default or ex parte proceedings, and in any case where the parties agree in writing, reception of evidence may be delegated to the clerk of court who is a member of the bar, which respondent is not.
The date of the presentation of evidence and the date of the order of Judge Flores also raise questions. The presentation of evidence was done on March 15, 2002 while the subject order was dated April 16, 2002. Obviously, the order for the presentation of evidence ex parte should have been issued before the presentation of evidence was made. Also, Goldstar's counsel must have relied on an order dated prior to March 15, 2002 for authority to present his evidence ex parte. Where then is this earlier order?
Respondent declared during his testimony that he told Judge Flores on April 18, 2002 that plaintiff in Goldstar must be allowed to present evidence ex parte before a decision can be made in said case. This does not make sense, because such reception of evidence had already been done the month before.
One also wonders why the order signed by Judge Flores is only a carbon copy and not one printed on bond paper, as should be the case. Two orders now appear to have been removed from the records of Goldstar. (1) the order directing presentation of evidence ex parte on March 15, 2002, and (2) the original copy of the order of Judge Flores dated April 15, 2002.
As branch clerk of court, it is respondent's responsibility to ensure the completeness of case records. It is his responsibility to ensure that case records accurately reflect the proceedings taken in a case. In this respondent failed. The undersigned notes that the case records of Goldstar were put together without any semblance of order and without the copies of the orders referred to in the preceding paragraph.
Respondent points out that he did not materially benefit from the incident. This declaration misses the point entirely. It is not that he benefited from the incident, but the incident occurred at all, to the damage and prejudice of the proper administration of justice.
In the present case, the undersigned investigator finds that complainant has amply discharged the burden of proving his allegations of records tampering on the part of respondent.
Respondent tries to weave a tale of forgetfulness and missing stenographic notes to evade culpability, but fails. His concealment of the truth surrounding the case of Goldstar, his denial of the ex parte proceedings done therein in which he was later found to have actively participated; his removal from the records of the order of Judge Flores dated April 16, 2002; all these, to the mind of the undersigned, constitute dishonesty. Under Rule XIV of the Civil Service Rules, this offense is punishable by dismissal from the service at the first instance.
As regards the complaint that respondent had allowed a cousin of an accused to post bail for such accused in the absence of the latter, this, too, has been amply established. Respondent, however, argues that this incident should not be made subject to the investigation because it was not specifically stated in the resolution of the Supreme Court referring the case for investigation and recommendation.
The undersigned disagrees. The incident concerning the bail bond forms part of the complaint filed by complainant with the Supreme Court, and must necessarily be a subject of investigation. That it was not specifically named in the resolution is, to mind of the undersigned, of no moment. What is contained in the resolution is merely a description of the complaint and not a limitation on the incidents to be investigated. The Supreme Court would have particularly advised the undersigned to desist from investigating the incident with the bail bond if that were its intent.
On the bail incident, respondent contends that he was of the impression that the person would bring the accused to court on that same day. This, again, is beside the point. He should not have allowed payment of bail without the accused having been arrested or surrendered. [6]
WHEREFORE, premises considered we respectfully recommend the adoption of the finding of the Investigating Judge that respondent Romancito M. Serrano, Clerk of Court III, MTCC, Branch 2, City of San Fernando, Pampanga be FOUND GUILTY of Dishonesty, Inefficiency and Incompetence in the Performance of Duties and that he be DISMISSED from the service with forfeiture of all benefits except accrued leave credits and with prejudice to re-employment to any agency, branch, or instrumentality of the government including government-owned or controlled corporation. [7]The charge of dishonesty against the respondent was committed allegedly by (1) concealing the fact that an ex parte proceeding in Civil Case No. 8114 took place on 15 March 2002 when the motion to declare in default was taken up; (2) concealment of the Order dated 16 April 2002, declaring defendant therein in default; (3) concealing from Judge Salvador that an ex parte hearing on plaintiff's evidence had already been heard, thus, leading the former to sign the Order of 22 May 2002, setting among other things, plaintiff's reception of evidence; and (4) hearing the ex parte reception of plaintiff's evidence despite his being a non-lawyer. On this score, we find the recommendation of the OCA to be well taken.
Trying to hide further the previous ex parte proceedings, respondent, on 26 April 2002, instructed stenographer Lapiceros to re-type the Order dated 16 April 2002 by setting the ex parte reception of plaintiff's evidence. Before complying, Lapiceros reminded respondent of the proceedings that took place where the plaintiff had already presented her evidence ex parte. This notwithstanding, respondent insisted on the re-typing of the Order and even ordered to change the second paragraph thereof to read as follows:
- That at that point in time, Mr. Romancito M. Serrano overlooked to inform me that as early as March 15, 2002, or more than a month earlier than April 18, 2002, a reception of evidence ex-parte was already conducted. That because at that precise moment, the untranscribed stenographic notes were not attached to the records of the case presumably because the same were still in the hands of the stenographer who was to transcribe the same, both Romancito Serrano and I were of the impression that no ex-parte proceeding was already conducted, considering that our attention was then focused on the "WHEREFORE" clause of the signed order that we were trying to modify and rephrase with no malice aforethought; x x x [10] (Underscoring supplied)
Acting on the Motion to Declare defendant in Default filed by Atty. Joseph J.M. Miranda, counsel for the plaintiff, and finding the reasons alleged therein to be tenable, same is hereby granted.The date of the Order was changed from 16 April 2002 to 09 May 2002. The signatory was similarly changed from Judge Rodrigo Flores to Judge Joselito S. Salvador.WHEREFORE, as prayed for, the defendant is hereby declared in default, however, instead of judgment as prayed for in the motion, the plaintiff is allowed to present evidence ex-parte on May 22, 2002 at 9:00 a.m.Notify plaintiff and her counsel. [11]
SEC. 22. Administrative Offenses with its corresponding penalties are classified into grave, less grave, and light, depending on the gravity of its nature and effect on said acts on the government service.As a grave offense, dishonesty warrants the severe penalty of dismissal from service upon the commission of even the first offense.
The following are grave offenses with corresponding penalties:
(a) Dishonesty
1st Offense-Dismissal