ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-1997 Jurisprudence                 

  • G.R. No. 112955 September 1, 1997 - ABOITIZ SHIPPING EMPLOYEES ASSN. v. CRESENCIANO TRAJANO, ET AL.

  • G.R. Nos. 118620-21 September 1, 1997 - PEOPLE OF THE PHIL. v. NARITO DADLES

  • G.R. No. 117472 September 2, 1997 - PEOPLE OF THE PHIL. v. LEO ECHEGARAY

  • Adm. Matter No. RTJ-96-1355 September 4, 1997 - RENE UY GOLANGCO v. CANDIDO P. VILLANUEVA

  • G.R. No. 121098 September 4, 1997 - PEOPLE OF THE PHIL. v. ROGELIO ANTIDO

  • G.R. No. 121778 September 4, 1997 - PEOPLE OF THE PHIL. v. AARON BIONAT

  • Adm. Matter No. MTJ-93-759 September 5, 1997 - EMILIANO VELUZ v. RAUL V. BABARAN

  • Adm. Matter No. MTJ-96-1111 September 5, 1997 - VIRGILIO CAÑETE v. MARCELO B. RABOSA, ET AL.

  • Adm. Matter No. RTJ-96-1338 September 5, 1997 - FERNANDO S. DIZON v. LILIA C. LOPEZ

  • Adm. Matter No. RTJ-97-1388 September 5, 1997 - ELEAZAR B. GASPAR v. WILLIAM H. BAYHON

  • G.R. No. 95252 September 5, 1997 - LA VISTA ASSN., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 97961 September 5, 1997 - PEOPLE OF THE PHIL. v. JIMMY TALISIC

  • G.R. No. 104692 September 5, 1997 - KATIPUNAN NG MGA MANGGAGAWA SA DAUNGAN v. PURA FERRER-CALLEJA, ET AL.

  • G.R. No. 106214 September 5, 1997 - TERESITA VILLALUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106858 September 5, 1997 - PHIL. BANK OF COMMUNICATIONS v. COURT OF APPEALS, ET AL.

  • G.R. No. 109250 September 5, 1997 - PEOPLE OF THE PHIL. v. MARLON LACERNA

  • G.R. No. 109583 September 5, 1997 - TRANS ACTION OVERSEAS CORP. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 109977 September 5, 1997 - UNIVERSITY OF PANGASINAN v. MA. NIEVES R. CONFESOR, ET AL.

  • G.R. No. 110062 September 5, 1997 - AQUINAS SCHOOL v. BIENVENIDO S. MAGNAYE, ET AL.

  • G.R. No. 111149 September 5, 1997 - PEOPLE OF THE PHIL. v. RENATO BAUTISTA, ET AL.

  • G.R. No. 111935 September 5, 1997 - HILARIO T. DE LOS SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 112630 September 5, 1997 - CORAZON JAMER, ET AL. v. NLRC, ET AL.

  • G.R. No. 113216 September 5, 1997 - RHODORA M. LEDESMA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113388 September 5, 1997 - ANGELITA MANZANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115158 September 5, 1997 - EMILIA M. URACA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116781 September 5, 1997 - TOMAS LAO CONSTRUCTION, ET AL. v. NLRC, ET AL.

  • G.R. No. 117733 September 5, 1997 - REPUBLIC OF THE PHIL. v. MARTIN S. VILLARAMA, JR., ET AL.

  • G.R. No. 118002 September 5, 1997 - ULDARICO ESCOTO v. COURT OF APPEALS, ET AL.

  • G.R. No. 118075 September 5, 1997 - PEOPLE OF THE PHIL. v. EMILIANO CATANTAN

  • G.R. No. 118141 September 5, 1997 - LEONILA GARCIA-RUEDA v. WILFRED L. PASCASIO, ET AL.

  • G.R. No. 119010 September 5, 1997 - PAZ T. BERNARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 120138 September 5, 1997 - MANUEL A. TORRES, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120363 September 5, 1997 - CECILLEVILLE REALTY AND SERVICE CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120790 September 5, 1997 - SPECIAL POLICE AND WATCHMEN ASSN., ET AL. v. NLRC, ET AL.

  • G.R. No. 122656 September 5, 1997 - SYLVIA S. TY v. COURT OF APPEALS, ET AL.

  • G.R. No. 126594 September 5, 1997 - IMELDA R. MARCOS v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-97-1387 September 10, 1997 - FLAVIANO B. CORTES v. SEGUNDO B. CATRAL

  • G.R. No. 122872 September 10, 1997 - PENDATUN SALIH v. COMELEC, ET AL.

  • G.R. No. 116473 September 12, 1997 - WILFREDO R. CAMUA v. NLRC, ET AL.

  • G.R. No. 121993 September 12, 1997 - PEOPLE OF THE PHIL. v. NELSON AGUNIAS

  • G.R. No. 123056 September 12, 1997 - PEOPLE OF THE PHIL. v. JUVY MARIBAO

  • G.R. No. 123915 September 12, 1997 - PEOPLE OF THE PHIL. v. RENATO REBOLTIADO, ET AL.

  • G.R. No. 126977 September 12, 1997 - ELVIRA B. NAZARENO v. COMELEC, ET AL.

  • G.R. No. 98137 September 15, 1997 - PHILIPPINE RABBIT BUS LINES, INC. v. NLRC, ET AL.

  • G.R. No. 108294 September 15, 1997 - ANDRES RAMOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 120158-59 September 15, 1997 - PEOPLE OF THE PHIL. v. ELESEO CHENG

  • G.R. No. 124135 September 15, 1997 - PEOPLE OF THE PHIL. v. DANNY QUELIZA

  • G.R. No. 113025 September 16, 1997 - PEOPLE OF THE PHIL. v. EFREN SALVADOR, ET AL.

  • G.R. Nos. 115338-39 September 16, 1997 - PEOPLE OF THE PHIL. v. LANIE ORTIZ-MIYAKE

  • G.R. No. 116798 September 16, 1997 - DENIA C. BUTA v. MANUEL M. RELAMPAGOS, ET AL.

  • G.R. No. 123782 September 16, 1997 - CALTEX REFINERY EMPLOYEES ASSN. v. JOSE S. BRILLANTES, ET AL.

  • G.R. Nos. 118866-68 September 17, 1997 - PEOPLE OF THE PHIL. v. RODOLFO DE LA CRUZ

  • Adm. Case No. 3961 September 18, 1997 - SALUD IMSON-SOUWEHA v. TEOPISTO A. RONDEZ

  • Adm. Matter No. MTJ-96-1077 September 18, 1997 - OFFICE OF THE COURT ADMINISTRATOR v. OLIVER T. VILLANUEVA

  • Adm. Matter No. P-97-1254 September 18, 1997 - ANONYMOUS v. ADELA A. GEVEROLA

  • G.R. No. 117576 September 18, 1997 - PEOPLE OF THE PHIL. v. ERNESTO SANTIAGO JAMIRO

  • G.R. No. 117890 September 18, 1997 - PISON-ARCEO AGRICULTURAL AND DEV. CORP. v. NLRC, ET AL.

  • G.R. No. 126230 September 18, 1997 - CARMEN ARRIETA v. NLRC, ET AL.

  • G.R. No. 126625 September 18, 1997 - KANLAON CONSTRUCTION ENTERPRISES CO., INC. v. NLRC, ET AL.

  • G.R. No. 116595 September 23, 1997 - PEOPLE OF THE PHIL. v. JESUS PALOMA, ET AL.

  • G.R. No. 126158 September 23, 1997 - PHILIPPINE BANK OF COMMUNICATIONS v. COURT OF APPEALS, ET AL.

  • Adm. Case No. 3773 September 24, 1997 - ANGELITA C. ORCINO v. JOSUE GASPAR

  • Adm. Case No. 4634 September 24, 1997 - JESUS CABARRUS, JR. v. JOSE ANTONIO S. BERNAS

  • G.R. No. 101747 September 24, 1997 - PERFECTA QUINTANILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116593 September 24, 1997 - PULP AND PAPER, INC. v. NLRC, ET AL.

  • G.R. No. 118130 September 24, 1997 - PEOPLE OF THE PHIL. v. JURY MAGDAMIT, ET AL.

  • G.R. No. 120391 September 24, 1997 - SIMPLICIO AMPER v. SANDIGANBAYAN, ET AL.

  • G.R. No. 117038 September 25, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 124033 September 25, 1997 - ANTONIO T. KHO v. COMELEC, ET AL.

  • G.R. No. 124933 September 25, 1997 - PEOPLE OF THE PHIL. v. JURRY ANDAL, ET AL.

  • G.R. No. 105997 September 26, 1997 - MARIO BELLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 112702 & 113613 September 26, 1997 - NATIONAL POWER CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119165 September 26, 1997 - PEOPLE OF THE PHIL. v. SERGIO BETONIO

  • G.R. No. 120507 September 26, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 120550 September 26, 1997 - PEOPLE OF THE PHIL. v. ANTOLIN HAYAHAY, ET AL.

  • G.R. No. 129913 September 26, 1997 - DINDO C. RIOS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 83588 September 29, 1997 - ADORACION C. PANGILINAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 107487 & 107902 September 29, 1997 - MANILA BANKING CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 108947 September 29, 1997 - ROLANDO SANCHEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112074 September 29, 1997 - PEOPLE OF THE PHIL. v. MARIO GOMEZ

  • G.R. No. 117451 September 29, 1997 - PEOPLE OF THE PHIL. v. ANTON BURGOS

  • G.R. No. 125183 September 29, 1997 - MUNICIPALITY OF SAN JUAN v. COURT OF APPEALS, ET AL.

  •  





     
     

    Adm. Matter No. MTJ-96-1111   September 5, 1997 - VIRGILIO CAÑETE v. MARCELO B. RABOSA, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [Adm. Matter No. MTJ-96-1111. September 5, 1997.]

    (OCA-IPI No. 96-155-MTJ)

    VIRGILIO CAÑETE, Complainant, v. JUDGE MARCELO B. RABOSA, SR. (Retired) and CLERK OF COURT FELY C. CARRIEDO, Respondents.


    SYLLABUS


    1. ADMINISTRATIVE LAW; PUBLIC OFFICER; COURT PERSONNEL; CLERK OF COURT; DUTY TO SAFELY KEEP ALL. RECORDS, PAPERS, FILES, EXHIBITS AND PUBLIC PROPERTY COMMITTED TO HIS CHARGE; WHEN VIOLATED; CASE AT BAR. — Under Sec. 7, Rule 136, of the Rules of Court, it is respondent’s duty as Clerk of Court to safely keep all records, papers, files, exhibits and public property committed to her charge. Obviously, it was due to her negligence, if not acquiescence that respondent Judge was able to possess the firearm and have it licensed in his name. She should not have presumed that the taking of the gun by respondent Judge was for ballistic examination. The irregularities attached to the taking of the disputed firearm cannot be considered rectified with the issuance by respondent Judge of a certification relieving her of her accountability. Respondent Clerk of Court should have known better the responsibilities of her office. All Clerks of Court should be more vigilant in the custody and safekeeping of court exhibits, particularly firearms and other weapons, as well as dangerous and prohibited drugs. These are now the favorite objects of thievery and robbery all over the country, resulting in the failure of the prosecutors to successfully bring the criminals to justice. Worse, the perpetrators go scot-free only to pursue further their nefarious activities with the use of these exhibits.

    2. ID.; ID.; ID.; ID.; ID.; IMPOSABLE PENALTY. — As regards the penalty to be imposed on respondent, we cannot sustain the fine of P1,000.00 as reduced by the Court Administrator, citing Art. 226 of the Revised Penal Code. Since this is not a criminal but an administrative case, the Court may impose a much higher fine than that fixed in Art. 226, or suspend respondent for a reasonable period or even dismiss her, which certainly is much more serious than the mere imposition of a fine of P1,000.00.


    R E S O L U T I O N


    BELLOSILLO, J.:


    This is a complaint filed by Virgilio Cañete, Court Stenographer II, RTC-Br. 21, Ipil, Zamboanga del Sur, dated 28 November 1995 against Judge Marcelo Rabosa Sr., now retired, and Clerk of Court Fely C. Carriedo, MCTC, Ipil-Tungawan, Zamboanga del Sur, charging them with the unlawful taking of a .45-caliber pistol with 7 rounds of ammunition submitted as exhibit in Crim. Case No. 2044, "People v. Arturo Pilapel and Herman Baate," for Illegal Possession of Firearm pending preliminary investigation in the Municipal Circuit Trial Court. The complaint alleges that on mere verbal order of respondent Judge, respondent Clerk of Court delivered to him allegedly for ballistics examination the .45-caliber pistol with 7 rounds of, ammunition, and that months later respondent Judge had the gun licensed in his name.chanrobles

    Respondent Judge was not required to comment on the complaint as he retired sometime in 1992 and no longer under the administrative supervision of the Court. It is believed that the case could have been referred to the Provincial Prosecutor’s Office for whatever legal action it would take it appearing that, if true, respondent Judge appropriated to himself the firearm that was used as exhibit in his court.

    In her comment respondent Carriedo claimed that she should not be held liable as the gun subject matter of the complaint was returned by respondent Judge by personally delivering it to the Provincial Prosecutor’s Office. She submitted an acknowledgment receipt purportedly issued by respondent Judge relieving her from any liability with respect to the firearm.

    An investigation conducted by Deputy Court Administrator Bernardo Abesamis revealed that in 1987 the gun was licensed in the name of respondent Judge. Although the firearm was supposedly returned in July 1988, respondent Clerk of Court should have informed this Court of the misappropriation, albeit temporary, particularly so that the Judge had already retired. The Clerk of Court is the custodian of all records, papers, files, exhibits and public property committed to his charge. 1 Viewing the offense charged as amounting to infidelity in the custody of court exhibits, Deputy Court Administrator Abesamis recommended in his Memorandum of 28 November 1996 that respondent Clerk of Court be fined in the amount of P5,000.00 with a stern warning to her against the commission of similar offenses. He also recommended that this IPI (Initial Preliminary Investigation) be accordingly docketed as an "Administrative Matter."cralaw virtua1aw library

    Court Administrator Alfredo L. Benipayo while approving the recommendation of DCA Abesamis reduced the recommended fine of P5,000.00 to P1,000.00 in review of the circumstances and the extent of the fine imposed in Art. 226 of the Revised Penal Code." 2

    We affirm the accountability of Clerk of Court Fely C. Carriedo. Under Sec. 7, Rule 136, of the Rules of Court, it is her duty as Clerk of Court to safely keep all records, papers, files, exhibits and public property committed to her charge. Obviously, it was due to her negligence, if not acquiescence, that respondent Judge was able to possess the firearm and have it licensed in his name. She should not have presumed that the taking of the gun by respondent Judge was for ballistics examination. The irregularities attached to the taking of the disputed firearm cannot be considered rectified with the issuance by respondent Judge of a certification relieving her of her accountability. Respondent Clerk of Court should have known better the responsibilities of her office.

    As regards the penalty to be imposed on respondent, we cannot sustain the fine of P1,000.00 as reduced by the Court Administrator, citing, Art. 226 of the Revised Penal Code. Since this is not a criminal but an administrative case, the Court may impose a much higher fine than that fixed in Art. 226, or suspend respondent for a reasonable period or even dismiss her, which certainly is much more serious than the mere imposition of a fine of P1,000.00.

    We take this opportunity to remind all Clerks of Court to be more vigilant in the custody and safekeeping of court exhibits, particularly firearms and other weapons, as well as dangerous and prohibited drugs. The Court has been receiving reports that these are now the favorite objects of thievery and robbery all over the country, resulting in the failure of the prosecutors to successfully bring the criminals to justice. Worse, the perpetrators go scot-free only to pursue further their nefarious activities with the use of these exhibits.

    Accordingly, acting on the Memorandum of DCA Abesamis, this Court RESOLVES to docket this case, "IPI No. 96-155-MTJ," into a formal "Administrative Matter" and direct the Clerk of Court of this Court to assign it an appropriate number. However, instead of the recommended imposition of fine, respondent Clerk of Court FELY C. CARRIEDO is suspended from office for a period of one (1) month without pay to commence immediately upon service hereof with a stern warning that a repetition of the same or similar act in the future will be dealt with more severely.chanrobles virtuallawlibrary

    SO ORDERED.

    Vitug, Kapunan and Hermosisima, Jr., JJ., concur.

    Endnotes:



    1. Lloveras v. Sanchez, A.M. No. P-93-817, 18 January 1994, 229 SCRA 302; Basco v. Gregorio, A.M. No. P-94-1026, 6 July 1995, 245 SCRA 614.

    2. Art. 226. Removal, concealment or destruction of documents. — Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:chanrob1es virtual 1aw library

    1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused thereby to a third party or to the public interest.

    2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos, whenever the damage to a third party or to the public interest shall not have been serious.

    In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed.

    Adm. Matter No. MTJ-96-1111   September 5, 1997 - VIRGILIO CAÑETE v. MARCELO B. RABOSA, ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED