Title
Aglugub vs. Perlez
Case
A.M. No. P-99-1348
Decision Date
Oct 15, 2007
Judge files complaint against Clerk of Court for dishonesty, gross inefficiency, and misconduct, resulting in dismissal and penalties.
Font Size:

Case Digest (A.M. No. P-99-1348)

Facts:

  1. Complaint Filed by Judge Gloria B. Aglugub:

    • Judge Gloria B. Aglugub, of the Municipal Trial Court (MTC), Branch 2, San Pedro, Laguna, filed a letter-complaint dated August 12, 1999, against Imelda S. Perlez, Clerk of Court I, for various administrative offenses.
    • The charges included infidelity in the custody of court records, insubordination, gross inefficiency, grave misconduct, falsification, misrepresentation, dishonesty, and neglect of duty.
  2. Specific Allegations Against Respondent:

    • Respondent was unable to locate missing court records on multiple occasions.
    • She refused to comply with orders to submit transcripts of stenographic notes, causing delays in case dispositions.
    • She failed to transmit records of cases for review and copies of warrants of arrest to the proper agencies.
    • She admitted to practitioners that she did not know how to prepare court processes.
    • She broke into the judge’s chambers using picklocks to retrieve records and transferred them to another branch without authorization.
    • She blamed the complainant for missing records.
    • She falsified a commitment order by adding a case number and certifying it as intended for that case.
    • She misrepresented her educational background in her Personal Data Sheet (PDS), claiming to be a college graduate in 1981 when she was only a candidate for graduation in 1997.
    • She failed to submit monthly reports for May, June, and July 1999, as well as a report on the physical inventory of cases.
  3. Respondent’s Defense:

    • Respondent admitted some lapses but claimed that missing records were eventually located or reconstituted without harm to litigants.
    • She denied refusing to comply with orders or transmit records, stating that the complaint lacked specificity.
    • She admitted breaking into the judge’s chambers but claimed it was to retrieve records for a detention prisoner entitled to provisional liberty.
    • She denied falsifying the commitment order, attributing the error to a staff assistant.
    • She claimed she believed she had completed her degree in 1981 but later discovered incomplete grades in three subjects, which she completed in 1997.
    • She attributed her failure to submit reports to the overwhelming volume of work.
  4. Procedural History:

    • The case was referred to the Office of the Court Administrator (OCA) for evaluation.
    • The OCA recommended respondent’s dismissal for grave misconduct, gross inefficiency, and dishonesty.
    • Respondent was later declared absent without official leave (AWOL) after leaving the country without permission.
    • The OCA later recommended setting aside the AWOL resolution and dismissing respondent for gross dishonesty.

Issue:

  • (Unlock)

Ruling:

  • (Unlock)

Ratio:

  1. Dishonesty Through Misrepresentation:

    • Respondent falsely claimed in her PDS that she was a college graduate when she had not completed her degree at the time of her application.
    • Her claim of good faith was rejected by the Court, as her incomplete grades and lack of a diploma should have put her on notice that she had not graduated.
    • Misrepresentation in a PDS constitutes gross dishonesty, which is a grave offense punishable by dismissal even on the first offense.
  2. Importance of Honesty in Public Service:

    • Public office requires the highest standards of integrity, probity, and honesty.
    • Respondent’s act of falsifying her educational background to gain an advantage over other applicants is unacceptable and undermines public trust in the judiciary.
  3. Precedent and Penalty:

    • The Court cited previous cases where employees were dismissed for similar acts of dishonesty.
    • The penalty of dismissal is consistent with the Civil Service Rules and the Court’s policy of maintaining the integrity of public service.
  4. Accessory Penalties:

    • Forfeiture of retirement benefits and disqualification from re-employment are imposed to deter similar acts and uphold the integrity of public office.


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.