A.M. No. P-2184 - Balod vs. Rodriguez

Complainants: Dimas Balod and Alejandro Macarubbo, who filed a complaint alleging misconduct.

Respondent: Victoriano Rodriguez, serving as the Deputy Clerk of Court of the Court of First Instance of Cagayan, Branch V.

On January 29, 1979, during the morning hours, the complainants filed a complaint in Civil Case No. 2669 (titled "Alejandro Macarubbo vs. Phil. Lumber Company, represented by its manager, So Ka Kee") at the CFI of Cagayan.

Respondent, by virtue of his position, took a copy of the filed complaint from the case records.

He proceeded to deliver this copy to the Phil. Lumber Company, specifically to the son of the company’s manager (Jovito Cokee).

Upon delivery, he informed the recipient that a new complaint had been filed against the company and that the company’s manager, So Ka Kee, would not be required to appear at the hearings.

During the transaction, the respondent accepted a sum of P6.00 from Jovito Cokee to cover the cost of photocopying the document.

In the afternoon of the same day, the respondent fulfilled the request by having the complaint xerox copied for the defendant, leaving behind the duplicate with Mr. Cokee.

The following morning, the complainants reported the incident to Presiding Judge Bonifacio A. Cacdac at the CFI of Cagayan.

In the presence of the complainants, the respondent admitted that the sequence of events was accurately as narrated.

The respondent contended that he was merely acting under specific instructions from his superior, the Clerk of Court Atty. Viriato M. Molina, Jr.

He also asserted that a subordinate clerk, Mr. Modesto L. Baylon, had been instructed to provide him with an extra carbon copy of the complaint for delivery purposes.

According to his defense, his actions were a result of following orders and not due to any personal intention to engage in corrupt practices.

He emphasized his long tenure (forty years) in government service and maintained that this was his first instance of facing an administrative case.

A certification from Clerk Atty. Viriato M. Molina, Jr., dated January 30, 1979, confirmed that respondent was sent to the Phil. Lumber Company to deliver a copy of the complaint upon a telephonic request made by the defendant’s son.

An affidavit from Mr. Modesto L. Baylon verified that he, under the instruction of Mr. Molina, gave an extra copy of the complaint to the respondent for delivery.

An affidavit from Jovito Cokee corroborated the respondent’s account, confirming the delivery of the copy and the subsequent photocopying at his request.

Whether the respondent’s actions in taking and delivering a copy of the complaint constituted dishonesty and corrupt practice.
Whether following instructions from a superior (the Clerk of Court) constitutes a valid defense, even if the actions appear irregular.
Whether the respondent exercised the necessary due care in the performance of his official duties by complying with the instructions without independently verifying the propriety of the transaction.