ChanRobles Virtual law Library
A.M. No. OCA I.P.I. No. 05-2297-P. July 26, 2006]
LEILA G. BERVA v.
JOY M. DIAZ SAN LUIS, INTERPRETER, REGIONAL TRIAL COURT, BRANCH 23,
Third Division
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated JULY 26, 2006 .
A.M. No. OCA I.P.I. No. 05-2297-P (Leila G. Berva v. Joy M. Diaz San Luis, Interpreter, Regional Trial
Court, Branch 23,
x ------------------------------------------------------------------------------------------------------------------------- x
RESOLUTION
On August 11, 2003, Joy M. Diaz-San Luis, Interpreter of Branch 23 of the Regional Trial Court (RTC) of Naga, attended a barangay mediation proceeding in Barangay Balagtas, Naga City involving a case for slander filed by Leila G. Berva, herein complainant, against one Wilfredo S. Rey IV,
As respondent's attendance at the proceeding was without the benefit of a subpoena, complainant requested for a certified true copy of her Daily Time Record (DTR) for the period of January to September 2003. The Branch Clerk of Court of Branch 23 of the RTC did not grant the request, however, pending the receipt of advice from the Office of the Court Administrator (OCA) on the propriety of issuing respondent's DTR.
Complainant thus filed the complaint at bar against respondent, for Falsification of Public Document, without her (complainant) attaching certified true copies of respondent's DTR "as the same can be verified from the official files of the Supreme Court."
In her Answer to the Complaint, respondent claimed to have been an eyewitness to the incident that led to the filing before the barangay of the slander case against Wilfredo Rey IV, hence, on the latter's request and with the prior permission of the Branch Clerk of Court and the Presiding Judge, she attended the mediation proceeding.
In support of her claim, respondent attached the affidavit of Branch Clerk of Court Atty. Balane, Jr. reading:
x x x x
6. That having been informed by her that she would be attending as a witness, and understanding that it is a civic duty of every citizen to attend hearings called up by government entities where their presence is vital in shedding light to issues lodged before said bodies, and considering further that the place she intended to go is just a few minutes ride from our office, I did not hesitate to give her my permission with the reminder that she immediately return to office the moment the said proceedings is through;
7. That after giving her my permission, I also advised Mrs. Joy Diaz-San Luis to also ask permission from our presiding judge Pablo M. Paqueo, Jr. who was also at the office at that time;
8. That heeding my advice, Mrs. Joy Diaz-San Luis and her friend John Rey went to our judge's chamber to ask permission and a moment later returned to me with the information that Judge Paqueo also granted her request to attend the subject conciliation proceedings;
9. That Mrs. Joy Diaz-San Luis had no pending work to be done nor was there any client seeking her assistance at the time I granted her permission to leave the office and attend the said Barangay conciliation proceedings;
10. That at around past eleven o'clock in the morning of said date, Mrs. Joy Diaz-San Luis returned to our office and informed me that she just finished attending the subject conciliation proceedings at the Barangay hall of Balatas, Naga City where she testified as a witness;
11. That throughout my stint as Clerk of Court of RTC, Branch 23, Naga City, Mrs. Joy Diaz-San Luis had been a diligent worker who seldom go[es] out of our office without asking permission from me and/or from our presiding judge and only for very urgent or official reasons and only for very brief periods of time[.] (Emphasis in the original; underscoring supplied)
x x x x [1] cralaw
In his Report dated March 1, 2006, [2] cralaw then Court Administrator, now Associate Justice of this Court Presbitero J. Velasco, Jr., recommended to dismiss the complaint for lack of merit in light of the following
EVALUATION: The issue for resolution is whether the respondent is deem[ed] guilty as charged for Gross Misconduct (Falsification of Official Documents).
We observed that, in her comment, respondent admitted her
appearance during the barangay mediation proceedings against one John Rey on 11
August 2003. However, the affidavit
dated 28 October 2005 of Atty. Virgilio Balane shows that the respondent
was
granted
permission by the Clerk of Court and the
Presiding Judge of RTC, Branch 23,
On the other hand, records of this case show complainant was not furnished the Daily Time Record of the respondent by Atty. Balane [Jr.] in view of OCA Circular No. 175-2003 Re: 175-2033 re: Creation of Personnel Records (201 Files) in the Lower Courts which, to quote in part:
"3" (G)ranting of request for copies of documents in the 201 File with the Personnel Records shall be limited to the concerned officials and employees of the lower courts or their authorized representative and Executive Judges duly authorized by the OCA/SC to conduct an investigation in connection with the administrative complaint involving lower court officials and personnel. Request coming from other officials and personnel and parties who are not employees of the lower courts should be referred to OCA."
There can be no Falsification of Official Documents amounting to Gross Misconduct in the absence of the DTR or any documents of the respondent showing the alleged act. The appearance of the respondent during the barangay mediation proceedings as evidenced in the affidavit of her superior(s) further shows that what she did was an act of civi[c] duty to shed light on the issue/s raised before the mediation body. [3] cralaw
This Court finds the evaluation well taken. Respondent's attendance during office hours of the barangay conciliation proceeding, under the circumstances including, more importantly, the grant of permission for the purpose by the Branch Clerk of Court and the Presiding Judge, does not give rise to a charge for falsification of official document if she did not reflect in her DTR such attendance.
WHEREFORE, the
complaint against JOY M. DIAZ-SAN LUIS, Interpreter, Regional Trial Court,
Branch 23,
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] cralaw Rollo, pp. 20-21.
[2] cralaw Rollo, pp. 22-24.
[3] cralaw Rollo, p. 23.
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