THIRD
DIVISION
ANONYMOUS,
Complainant,
A. M. No. P-97-1254
[A. M. OCA I.P.I. NO. 96-202-P]
September 18, 1997 -versus-
ADELA A. GEVEROLA,Clerk of Court IV, MTCC,
Davao City,
Respondent.
D E C I S I O N
MELO, J.:
The instant
administrative case arose from an
anonymous letter-complaint dated April 18, 1995 addressed to the Office
of the Court Administrator charging Adela A. Geverola, Clerk of Court
IV,
MTCC, Davao City, of falsifying the daily time records of her two
nephews
who are under her direct supervision, of continuing to collect her
salary
despite being abroad on a vacation, of immorality for carrying on an
affair
with a married man, and for accepting "grease" money from "Japayukis"
in
exchange for facilitating marriages [pp. 1-2, Rollo].
Acting on said
anonymous letter-complaint, the
Office of the Court Administrator sent a letter dated August 2, 1996 to
the Bureau of Immigration and Deportation [BID] requesting information
regarding the departure from the country for the United States of
America
and the arrival in the Philippines of respondent within a ten- year
period
from 1985 to 1995 [p. 3, Rollo]. The BID responded thereto in a letter
dated September 6, 1996 which reads as follows:
This refers to your letter dated 8 August
1996
requesting the travel records of ADELA ALFELOR GEVEROLA.
Please be advised that your request
yielded
the
following information based on the available computerized database
files
of arrival from January 1993 to May 1996 and departure from January
1993
to April 1996:
Name : GEVEROLA, ADELA A.
Date of Birth : 120837
Date of Arrival : July 17, 1993
Flight # : NW023
Origin : SEL
Passport No. : DCL225311
Phil. Address : 19-2 Magallanes Dvo Ct
Nationality : PH
Immigration Status : RP
Name : GEVEROLA, ADELA A.
Date of Birth : 120837
Date of Departure : December 2, 1994
Flight # : NW030
Destination : SEL
Passport No. : DCL225311
Phil. Address : 19-2 Magallanes St.
Davao Ct
Nationality : PH
Immigration Status : RP [p. 4,
Rollo].
In another
communication dated September 24, 1996,
the Office of the Court Administrator sought clarification concerning
respondent's
travel records [p. 5, Rollo] and in reply thereto, the BID declared:
This refers to your letter dated 24
September
1996 requesting for the clarification of travel records of ADELA
ALFELOR
GEVEROLA.
Please be advised that your request
yielded
the
following information based on the available computerized database
files:
Name : GEVEROLA, ADELA A.
Date of Birth : 120837
Date departed : June 05, 1993
Flight # : NW002
Destination : TYO
Passport No. : DCL225311
Phil. Address : 119-2 Magallanes Davao
City
Nationality : PH
Immigration Status : RP
Abovementioned subject has no record of
arrival
from December 1994 to October 8, 1996 (4:50 PM). [p. 6, Rollo].
Based on the
certifications of the BID and the records
on file with the Leave and Records Sections of the Court, the Office of
the Court Administrator then submitted a report dated October 18, 1996,
the pertinent portions of which state:
This office wrote the Bureau of
Immigration
about
records of any recent travel abroad of Ms. Adela A. Geverola, Clerk of
Court IV, MTCC, Davao City.
In letters to this Office dated
September 6
and
October 9, 1996, the Bureau of Immigration informed this Office that
subject
Geverola left for Tokyo, Japan aboard a Northwest Airlines plane on
June
5, 1993, a Saturday and arrived aboard a Northwest Airlines plane from
Seoul, South Korea on July 17, 1993, a Saturday.
Correlating this with the records for
subject
Geverola on file with the Leave Section and Records Section [201 file],
the following appear:
1. Application for Leave dated June 1,
1993
for
18 days vacation leave starting June 7, 1993 until June 30, 1993
excluding
Saturdays and Sundays;
2. Application for Leave dated July
1,
1993 for
7 days sick leave for July 1, 2, 5, 6, 7, 8 and 9, 1993; and 5 days
forced
leave for July 12, 13, 14, 15 and 16, 1993.
3. The Application for Sick Leave
was
accompanied
by a Medical Certificate dated July 1, 1993 signed by Doctor Natividad
A. Amoroso of the Office of the City Health Office, Davao City.
OTHER RELEVANT INFORMATION: The charges
against
MTCC, Davao City Clerk of Court Adela Alfelor Geverola had already
earlier
been referred to the Office of the Ombudsman, with docket number
OMB-ADM-3-93-0911.
The Ombudsman referred the same to the National Bureau of Investigation
for fact-finding investigation.
The Office of the Ombudsman dismissed the
complaint
when "NBI Supervising Agent Atty. Fidencio Y. Bisnar recommended that
the
complaint be dismissed for want of evidence in view of the absence of
witnesses
who would be willing to substantiate the accusations against the
respondent."
EVALUATION: Before the Leave Section of
the
Court
approves applications for sick leave in excess of five [5] days, the
applications
must be accompanied by the required Medical Certificates.
When an employee states that he or she is
sick,
it is presumed that said employee is really suffering from a current
ailment
not gallivanting halfway around the world.
From the records of the Bureau of
Immigration,
it is very clear that Ms. Geverola left the country for Tokyo, Japan on
June 5, 1993 and she arrived from Seoul, South Korea on July 17, 1993.
Obviously, Ms. Geverola was never in
Davao
City,
nor any part of the country, last July 1, 1993 when she was allegedly
diagnosed
as having "Pityriasis Rosea & Massive Allergy" as she was abroad.
Simply put, Ms. Geverola falsified her
application
for sick leave, induced Dr. Amoroso of the Office of the City Health
Officer
of Davao City to issue a Medical Certificate to support her application
for sick leave and, likewise, induced then Executive Judge Virginia
Hofilena-Europa
to approve the same.
Ms. Geverola and Judge Europa must be
required
to submit their respective comments on this very serious matter.
RECOMMENDATION: In view of all the
foregoing,
it is respectfully recommended that:
1. Ms. Adela A. Geverola, Clerk of
Court IV,
MTCC, Davao City, be required to explain why she filed an application
dated
July 1, 1993 for sick leave for July 1, 2, 5, 6, 7, 8 and 9, 1993,
supported
by a Medical Certificate dated July 1, 1993 when she was out of the
country
on said dates;
2. Judge Virginia
Hofileña-Europa be
required
to explain why she signed the application for sick leave of Ms. Adela
A.
Geverola, Clerk of Court IV, MTCC, Davao City, for July 1, 2, 5, 6, 7,
8 and 9, 1993 when Ms. Geverola was out of the country on said dates;
3. Three [3] personnel of the Fiscal
Audit
Division
in charge of Region XI be sent to the MTCC, Davao City to conduct a
surprise
financial audit, to include a cash audit, of said MTCC, with their
report
to be submitted within twenty [20] days from completion of their audit;
and
4. The Property Division be ordered to
purchase
two [2] bundy clocks for installation at the Offices of the Clerk of
Court
for the Regional Trial Court of Municipal Trial Court in Cities, both
in
Davao City. [pp. 12-B to D, Rollo].
In a Resolution
dated November 27, 1996, the Court
required respondent to explain why she filed an application dated July
1, 1993 for sick leave for the period July 1, 2, 5, 6, 7, 8 and 9, 1993
supported by a medical certificate dated July 1, 1993 when she was out
of the country on said dates. Executive Judge Virginia Hofileña
was likewise ordered to explain why she signed the application for sick
leave of respondent Geverola [p. 13, Rollo].
In her
Explanation dated January 3, 1997, respondent
alleged:
That she received the Resolution of the
Third
Division of the Supreme Court, dated November 27, 1996, on December 26,
1996 at 4:00 P.M.;
That it can be seen from the caption
in this
case
"Administrative Matter OCA I.P.I. No. 96-202-P [Anonymous vs. Adela A.
Geverola, Clerk of Court IV, Municipal Trial Court in Cities, Davao
City]";
That the writer of the letter
complaint is
an
anonymous person, hiding behind the cloak of anonymity, not revealing
his
or her true identity for reasons known only to him or to her;
That in obedience to the aforesaid
Resolution
of the Third Division, Supreme Court of the Philippines, and in
compliance
therewith, it is respectfully admitted that I filed my sick leave of
absence
for July 1, 2, 5, 6, 7, 8, and 9, 1993, supported by a Medical
Certificate,
as I was then very, very sick, suffering form massive Allergy; my daily
time record for July, 1993, was duly signed by then Executive Judge
Virginia
Hofilena-Europa; my Application for Leave, CSC Form No. 6, Revised
1984,
was duly approved and signed by Atty. Adelaida Cabe-Baumann, Deputy
Clerk
of Court, Chief Administrative Officer, Office of the Administrative
Services,
Supreme Court of the Philippines;
That I had to go on leave as I was
very
sick,
my life was in extreme danger due to massive Allergy. I had severe
itchiness
all over my body: my eyes were affected, my hair was pulling off, my
face
was swelling, I was very thin then, my height was affected, but due to
competent medical attention, I got well and I reported for Duty On July
19, 1993, having in mind the exigency of the service;
That it may be mentioned, in this
connection,
that since I assumed office as Clerk of Court IV of MTCC, Davao City,
the
collections [JDF, Fiduciary, Gen. Funds, and, etc.] have increased
tremendously.
The records will bear this out;
That I have been in the government
service
for
39 years, the last 22 years of which are with the Judiciary, up to the
present;
That Administrative cases now and then
are
being
leveled against me since 1993, which apparently are to harass,
discredit,
and besmirch my name and my reputation as a Court employee and as a
private
person, by anonymous person;
That I have always acted accordingly
as a
government
employee and as a private person, living up to the demands of public
service
and as mandated by my oath of office;
That I am respectfully praying that
the
Honorable
Justices of the Third Division, Supreme Court, Manila, find my
explanation
satisfactory, and that this Anonymous complaint be dismissed for lack
of
merit. [pp. 23-24, Rollo].
The Office of
the Court Administrator, following
up respondent's explanation to it [p. 22, Rollo], submitted a
Memorandum
dated May 13, 1997, finding respondent guilty of falsification of her
daily
time record for July 1-31, 1993, and of dishonesty for accepting her
basic
salary and personal economic relief allowance [PERA] for July 1, 2, 5,
6, 7, 8 and 9, 1993 in the amount of P2,308.19, and recommending that
she
be suspended from office for six months without pay and be ordered to
return
the P2,308.19 to the court [p. 30, Rollo].
Upon careful
perusal of the records of the case,
the Court fully subscribes to the finding of the Office of the Court
Administrator
that respondent is guilty of falsification of her application for sick
leave dated July 1, 1993 and of her daily time record for the month of
July, 1993, which are both official documents.cralaw:red
An anonymous
complaint is always received with
great caution, originating as it does from an unknown author. However,
a complaint of such sort does not always justify its outright dismissal
for being baseless or unfounded for such complaint may be easy of
verification
and may, without much difficulty, be substantiated and established by
other
competent evidence, as in the present case where the complaint was
forthwith
supported by competent evidence such as the Certifications of the
Bureau
of Immigration dated September 6 and October 9, 1996, the daily time
record
for the months of June and July 1993, the applications for vacation and
sick leave, the medical certificate, and the records on file with the
Leave
and Records Section of the Court.cralaw:red
Respondent denied
the charge by alleging that
her application for sick leave for July 1, 2, 5, 6, 7, 8 and 9, 1993
was
supported by a medical certificate issued by Doctor Natividad A.
Amoroso
of the Office of the City Health Officer, Davao City and approved by
Atty.
Adelaida Cabe-Baumann, Deputy Clerk of Court, Chief Administrative
Officer,
Office of Administrative Services of the Court; that her daily time
record
for the month of July 1993 was duly signed by Executive Judge Virginia
Hofileña-Europa; that due to competent medical care, she got
well
and immediately reported back to work on July 19, 1993, having in mind
the exigency of the service; and that the various administrative cases
against her were intended to harass, discredit, and besmirch her name
and
reputation.cralaw:red
The explanation
is far too pat, unsatisfactory,
and uncompelling. The certifications of the BID reveal that respondent
left the country for Tokyo, Japan aboard a Northwest Airlines plane on
June 5, 1993 and arrived in Manila from Seoul, South Korea on July 17,
1993. Indeed, respondent's records on file with the Leave and Records
Sections
of the Court, on the other hand, show that she filed two leave
applications
one dated June 1, 1993 for 18 days vacation commencing June 7, until
June
30, 1993 and the other dated July 1, 1993 for 7 days sick leave for
July
1, 2, 5, 6, 7, 8 and 9, 1993 and 5 days forced leave for July 12, 13,
14,
15 and 16, 1993. Respondent, by applying for sick leave and by stating
in her daily time record for the month of July 1993 that she was ill on
July 1, 2, 5, 6, 7, 8 and 9, 1993 when in truth and in fact she was not
but was abroad, is guilty of falsification. Respondent's absence from
the
country on July 1, 2, 5, 6, 7, 8 and 9, 1993 was clearly established by
the Certifications of the BID. Thus, respondent could not have been
examined
and treated by Dr. Natividad A. Amoroso in the Philippines on July 1,
1993
for Pityriasis Renea and Massive Allergy, as stated in the medical
certificate,
and the statement by the doctor that respondent was ill on July 1, 2,
5,
6, 7, 8 and 9, 1993 cannot be given any weight.cralaw:red
Moreover,
respondent's actuations do not only
constitute falsification but likewise dishonesty and duplicity which
deserve
appropriate sanction from the Court. Her actuations were further
aggravated
when she still received the amount of P2,308.19 as overpayment of her
basic
salary and personal economic relief allowance [PERA] for July 1, 2, 5,
6, 7, 8 and 9, 1993, the dates when she was allegedly ill in the
Philippines.cralaw:red
Public service
requires utmost integrity and discipline.
A public servant must exhibit at all times the highest sense of honesty
and integrity for no less than the Constitution mandates the principle
that "a public office is a public trust and all public officers and
employees
must at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency" [Section 1, Article
XI, 1987 Constitution]. As the administration of justice is a sacred
task,
the persons involved in it ought to live up to the strictest standard
of
honesty and integrity [Hernandez vs. Borja, 242 SCRA 162 (1995)]. Their
conduct, at all times, must not only be characterized by propriety and
decorum but, above all else, must be above suspicion. Thus, every
employee
of the judiciary should be an example of integrity, uprightness and
honesty
[Basco vs. Gregorio, 245 SCRA 614 (1995)].cralaw:red
Respondent, as
Branch Clerk of Court of a court
of justice, must bear in mind that the office she holds and the duties
as well as the responsibilities appurtenant thereto require from its
holder
competence, honesty, and integrity; that, in relation to the judge, she
occupies a position of confidence which should not be betrayed; and
that
with the prestige of the office goes the corresponding responsibility
to
safeguard the integrity of the court and its proceedings, to earn
respect
therefor, to maintain the authenticity and correctness of court
records,
and to uphold the confidence of the public in the administration of
justice
[Rudas vs. Acedo, 247 SCRA 237 (1995) citing Section B, Manual for
Clerks
of Court, p. 3]. Respondent has failed to measure up to the standards
exacted
by her position. She has not been true to these lofty ideals so
essential
for the proper and effective administration of justice.cralaw:red
Anent the penalty
imposable, considering that
respondent has been in the government service for 39 years, the last 22
years of which have been in the judiciary, the Court finds the penalty
of suspension for two [2] months without pay commensurate.cralaw:red
ACCORDINGLY, for
falsification and dishonesty,
respondent Adela A. Geverola, Clerk of Court IV, MTCC, Davao City, is
hereby
SUSPENDED for two [2] months without pay effective immediately and
ordered
to return to the Court the amount of P2,308.19 as overpayment of her
basic
salary and personal economic relief allowance [PERA] for July 1, 2, 5,
6, 7, 8 and 9, 1993 within thirty [30] days from notice. She is further
warned that a repetition of the same or similar offense shall be dealt
with more severely.cralaw:red
SO ORDERED.
Narvasa, C.J.,
Romero, Francisco and Panganiban,
JJ., concur. |