Philippine Supreme Court Resolutions > Year 2008 > November 2008 Resolutions > [AM No. P-08-2518 [Formerly A.M. OCA I.P.I. No. 07-2560-P] : November 17, 2008] EXECUTIVE JUDGE EDGARDO LLOREN, RTC, CAGAYAN DE ORO CITY V. WILLIAM M. PONFERRADA, CLERK III, AND MONETTE C. ABADINES, UTILITY I, RTC-OCC, CAGAYAN DE ORO CITY :

Quoted hereunder, for your information, is a resolution of this Court dated 17 November 2008:

AM No. P-08-2518 [Formerly A.M. OCA I.P.I. No. 07-2560-P](Executive Judge Edgardo Lloren, RTC, Cagayan de Oro City v. William M. Ponferrada, Clerk III, and Monette C. Abadines, Utility I, RTC-OCC, Cagayan de Oro City)

In this Verified Motion for Reconsideration, respondent-movant William M. Ponferrada asks that we reconsider our decision dated August 6, 2008, imposing on him a fine of PhP 5,000 for his neglect of duty upon the loss of the notarial documents of Notary Public Atty. Cesilo G. Adaza. In our decision, we attributed the loss of the documents to Ponferrada who was the clerk in charge of the Notarial Section of the Regional Trial Court-Office of the Clerk of Court (RTC-OCC) in Cagayan de Oro City.

In this motion, Ponferrada relies on the result of the National Bureau of Investigation (NBI) Polygraph Examination he voluntarily undertook that showed "no specific reaction indicative of deception," and the letter dated July 16, 2007 of former Executive Judge, now Court of Appeals Justice, Edgardo T. Lloren to Court Administrator Christopher O. Lock, making known that he, former Judge Lloren, was convinced of the innocence of Ponferrada and he was reconsidering his recommendation of suspending Ponferrada for one (1) month.

We are not unaware of the letter of former Judge Lloren mentioning the result of the NBI Polygraph Examination report and his recommendation to withdraw his previous recommendation to suspend Ponferrada for one (1) month on the basis of the NBI report. But we have only Judge Lloren's letter in the records and the said NBI report was never made part of the records of this case.

Moreover, after careful scrutiny of the records, the Office of the Court Administrator (OCA) in its report dated July 27, 2007 signed by Court Administrator Lock himself and Deputy Court Administrator (DCA) Reuben P. Dela Cruz, then later affirmed in another OCA report dated March 17, 2008 signed this time by Court Administrator Zenaida N. Elepa�o and again by DCA Dela Cruz, categorically pointed to Ponferrada as the one responsible for the loss of the notarial report of Atty. Adaza.

In this motion for reconsideration, respondent-movant also claims that his immediate superior, Atty. Giovanni Catli, verbally admitted that he found the lost notarial documents. Regrettably, Atty. Catli refused to admit this in a sworn statement. Until Atty. Catli does, the statements remain merely unconfirmed self-serving statements.

Despite the above circumstances, this Court, aware of the heavy burden of a PhP 5,000 fine on respondent/movant, is inclined to give the reconsideration he seeks and take a second look at this administrative case, on the condition, however, that (1) the NBI Polygraph Examination Report and (2) a sworn statement by Atty. Catli, attesting that the lost notarial documents have been found, are submitted for this Court's evaluation.

WHEREFORE, we hereby order the following:

(1)    Justice Edgardo T. Lloren, former executive judge of the RTC in Cagayan de Oro City, to submit to this Court, within 15 days from receipt of this Resolution, a verified copy of the result of the NBI Polygraph Examination on William M. Ponferrada; and

(2)    Atty. Giovanni Catli, Officer-In-Charge of the Notarial Section of the RTC-OCC in Cagayan de Oro City, to submit to this Court, also within 15 days upon receipt of this Resolution, a sworn statement attesting to the allegation that, indeed, he found the lost notarial documents.

SO ORDERED.