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[A.M. OCA IPI No. 04-1841-P. August 4, 2004]

MUTIA vs. MAGRACIA, JR.

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 4 2004.

A.M. OCA IPI No. 04-1841-P (Rey C. Mutia vs. Antonio Magracia, Jr., Clerk of Court, MCTC, San Agustin, Romblon.)

The Letter-Complaint dated November 5, 2003 of Rey C. Mutia charges Antonio Magracia, Jr., Clerk of Court, MCTC, San Agustin, Romblon, with dishonesty and falsification. The complainant accuses the respondent of charging P600.00 for the preparation of a bail bond, and avers that the latter indicated in his April 2003 daily time record that he attended the 2nd Regional Judicial Career Enhancement Program in Tagaytay City sponsored by the Philippine Judicial Academy on April 21-25, 2003, when he did not, in fact, attend the same.

The respondent admits that he did not attend the said seminar, but explains that he attended that of the Personnel Officers Association of the Philippines on Stress Management, which was held on April 22-24, 2003 in Bagnio City. ^[1] cralaw He denied the allegation on the matter of charging for bail.

In its Report dated June 16, 2004, the Office of the Court Administrator recommends that the charges against the respondent be dismissed, as the complainant failed to substantiate the same.

We agree. In administrative proceedings, the complainant has the burden of proving, by substantial evidence, the allegations in his complaint. Such evidence must be competent and derived from direct knowledge. ^[2] cralaw Charges based on mere conjectures and suppositions cannot be given credence. ^[3] cralaw As observed by the OCA, the complainant failed to attach the affidavit of the person from whom the respondent allegedly demanded money. The respondent, for his part, was able to substantially prove that he attended a seminar on the questioned dates, albeit a different one, and, as such, cannot be said to have falsified his daily time records.

WHEREFORE, the administrative complaint against Antonio Magracia, Jr., is DISMISSED for lack of merit.

SO ORDERED.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court

Endnotes:

[1] cralaw The respondent attached to his Comment the certificate of attendance issued to him by the Association.

[2] cralaw See Urgent Appeal/Petition for Immediate Suspension & Dismissal of Judge Emilia B. Legaspi, Regional Trial Court. Iloilo City, Branch 22, A.M. No. 01-1-15-RTC, July 10, 2003.

[3] cralaw Leonides T. Cortes v. Sandiganbayan Justices Minita V. Chico-Nazario. Ma. Crislina G. Cortez-Estrada and Rodolfo G. Palattao, A.M. No. SB-04-! I-J, February 13, 2004.

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