Facts:

• Atty. Damaso Gregorio, the Clerk of Court V in the Regional Trial Court of Pinamalayan, Oriental Mindoro, was found guilty of negligence and misconduct.
• The case was filed by Victor Basco, the plaintiff in Civil Case No. 1091-92 entitled "Basco v. Mirafles."
• Basco alleged that despite the case being submitted for decision in February 1993, a decision had not yet been promulgated due to the loss of records by respondent Gregorio.
• Basco also claimed that he observed Gregorio to be drunk and tipsy during office hours.
• Respondent Gregorio admitted that he was appointed as Commissioner in the said case but disputed the date of submission for decision.
• Gregorio explained that the delay in the report was due to the loss of the case records, although he claimed that the records were already reconstituted.
• Gregorio denied Basco's allegation of being drunk and tipsy during office hours.

Issue:

• (Unlock)

Ruling:

• The court found Gregorio guilty of negligence in the safekeeping of court records.
• Gregorio was ordered to pay a fine of P5,000 and was severely admonished to be more circumspect in the performance of his dut...(Unlock)

Ratio:

• The court emphasized the vital role of a clerk of court in the prompt and proper administration of justice.
• A clerk of court is responsible for keeping records, issuing processes, entering judgments and orders, and providing certified copies from the records.
• Rule 136, Section 7 of the Manual for Clerks of Court mandates the safekeeping of court records and property.
• Gregorio's failure to discharge his d...continue reading