Case Digest (A.M. No. P-94-1080, P-95-1128, P-95-1144)
Facts:
Dinah Christina A. Amane v. Atty. Susan Mendoza-Arce, A.M. Nos. P-94-1080, P-95-1128, P-95-1144, November 19, 1999, Supreme Court En Banc, Per Curiam, decided the consolidated administrative complaints arising from personnel strife at the Regional Trial Court (RTC), Roxas City.The controversy began when Atty. Susan Mendoza-Arce, Clerk of Court (Branch 19), submitted a report dated 14 September 1994 to Executive Judge Sergio Pestano alleging that stenographers Anna B. Duran and Johnel C. Arches falsified their Daily Time Records (DTRs) by recording 5:00 p.m. departures though they allegedly left earlier to attend 4:30 p.m. classes, and that their Branch Clerk of Court Atty. Esperanza Isabel E. Poco-Deslate tolerated the practice. The next day a petition dated 12 September 1994, signed by twenty-four court employees, sought investigation and preventive suspension of Atty. Mendoza-Arce for alleged oppression and conduct prejudicial to the service.
Despite mediation efforts by Executive Judge Pestano and other RTC judges (mediation conference of 21 September 1994), antagonisms persisted. On 16 September 1994 Dinah Christina A. Amane, Clerk III, filed directly with the Office of the Court Administrator an administrative complaint (A.M. No. P-94-1080) accusing Atty. Mendoza-Arce of oppression and other misconduct (including alleged incidents of berating employees and demanding review of DTRs). On 12 October 1994 Atty. Poco-Deslate filed a countercharge (A.M. No. P-95-1144) accusing Atty. Mendoza-Arce of grave misconduct, oppression, and making false statements; she contended that the evidence of falsification relied upon by Atty. Mendoza-Arce (school enrollment certificates) proved enrollment only, not class attendance. On 2 December 1994 Atty. Mendoza-Arce formalized charges against Anita Duran, Johnel Arches, and Atty. Poco-Deslate (A.M. No. P-95-1128) for falsification of DTRs and connivance.
The Court Administrator consolidated the matters (consolidation order 21 June 1995 and later inclusion of P-94-1080 on 16 October 1995). Executive Judge Pestano inhibited and the cases were referred to Executive Judge Julius L. Abela (RTC-Mambusao) as Investigating Judge. After hearings, Judge Abela filed a Confidential Investigation Report (13 May 1997) with recommendations: dismiss Atty. Mendoza-Arce’s charges against Amane (P-94-1080) but find Amane guilty of falsification and notorious absenteeism (recommend dismissal); recommend six-month suspension for Atty. Poco-Deslate for tolerating Amane’s absences (later reduced by the Court); dismiss the falsification charges against Duran and Arches and the connivance charge against Poco-Deslate (P-95-1128); and recommend dismissal of Atty. Mendoza-Arce for grave misconduct, conduct prejudicial...(Pro-only)
Issues:
- In A.M. No. P-94-1080, should the complaint of Dinah Christina A. Amane against Atty. Susan Mendoza-Arce be sustained, and did Amane commit falsification and notorious absenteeism, and is Atty. Esperanza E. Poco-Deslate liable as her immediate superior?
- In A.M. No. P-95-1128, are Anita B. Duran and Johnel C. Arches guilty of falsifying their DTRs, and is Atty. Poco-Deslate guilty of connivance?
- In A.M. No. P-95-1144, is Atty. Susan Mendoza-Arce guilty of grave misconduct, oppression, a...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)