Case Digest (G.R. No. 102942)
Facts:
Hon. Marlo C. Brasales v. Maxima Z. Borja, A.M. No. P-21-024 [Formerly OCA IPI No. 18-4815-P], June 16, 2021, Supreme Court Second Division, Lopez, J., writing for the Court. The complainant was Judge Marlo C. Brasales, Acting Presiding Judge of the Municipal Trial Court in Cities (MTCC), Koronadal City; the respondent was Maxima Z. Borja, Clerk of Court IV of the same court.On April 7, 2017, court stenographer Rachel N. Dadivas discovered that her two leave applications (dated March 24 and March 27, 2017) bore no signature of Judge Brasales. To avoid delay in salary processing, Rachel asked Maxima to sign another set of leave forms; Maxima acceded and signed them. On May 2, 2017, Judge Brasales issued a Memorandum charging Maxima with Abuse of Authority and Malfeasance for signing Rachel’s leave applications without his written authority, and later indorsed Maxima’s memorandum and explanation to the Office of the Court Administrator (OCA) for appropriate action (indorsement dated April 17, 2017).
The OCA, by indorsement dated July 31, 2017, directed Maxima to comment. In her explanation Maxima acknowledged signing the leave forms after Rachel’s plea, cited her heavy single-sala duties and a belated receipt (March 8, 2017) of Administrative Circular No. 08-2017 (which requires written delegation by the presiding judge before the clerk may approve leave), and characterized her act as an error of judgment without deliberate intent to defy authority.
On June 23, 2020 the OCA recommended that the complaint be re‑docketed as a regular administrative matter and that Maxima be found guilty of violating reasonable office rules and regulations and suspended for thirty (30) days, considering a prior administrative penalty (a P5,000 fine for Simple Neglect of Duty in In Re: Report on the Judicial and Financial Audit in MTC in Cities, Koronadal City). The OCA concluded that Maxima had overstepped her authority though without deliberate intent.
The OCA recommendation was submitted to the Court for disposition. The Supreme Court Second Divi...(Subscriber-Only)
Issues:
- Whether respondent Maxima Z. Borja is administratively liable for signing the leave applications without the presiding judge’s written delegation in violation of A.C. No. 08-2017.
- If liable, which disciplinary standard and penalty framework govern: the amended Rule 140 (A.M. No. 18-01-05-SC) as amended to cover court personnel, or the 2011 Revised Rules on Administrative Cases in the Civil Service (2011 RRACCS)...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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