Title
Caguioa vs. Aucena
Case
A.M. No. P-09-2646
Decision Date
Jun 18, 2012
A court legal researcher altered a custody order post-retirement of the issuing judge, admitting to adding a dismissal clause in good faith. Found guilty of dishonesty, she was suspended for six months, with mitigating factors considered.
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Case Digest (A.M. No. P-09-2646)

Facts:

  1. Background of the Case
    The administrative case arose from a letter-complaint filed by retired Judge Amado S. Caguioa against Elizabeth G. Aucena, a Court Legal Researcher II at the Regional Trial Court (RTC), Branch 4, Baguio City. The complaint alleged dishonesty and falsification of an official document related to Civil Case No. 775-FC, involving the custody of minors.

  2. The Original Order
    On June 28, 2007, Judge Caguioa issued an order in chambers stating that the respondent mother, EEE, agreed to give custody of her three minor children to their aunt (petitioner). The mother was allowed visitation rights under supervision due to her past violent behavior toward the children.

  3. Alteration of the Order
    After Judge Caguioa retired on November 10, 2007, the order was allegedly altered in January 2008. A court stenographer admitted that respondent Aucena instructed her to add a sentence stating, "In view of the agreement of the parties, this case is hereby DISMISSED." This altered order was then sent to the City Prosecutor's Office (CPO).

  4. Discovery of the Alteration
    When the Acting Branch Clerk of Court refused to issue a certification based on the altered order, the alteration was uncovered. Respondent attempted to have the receipt of the altered order backdated to June 28, 2007, but this was refused by the CPO. Respondent then retrieved the distributed orders and covered the alteration with correction fluid.

  5. Respondent's Defense
    In her explanation, respondent admitted to inserting the sentence but claimed it was done in good faith to reflect the actual dismissal of the case due to the parties' agreement. She apologized for her actions and pleaded for leniency, stating it was her first offense in 22 years of service.

  6. Complainant's Rebuttal
    Judge Caguioa countered that the order was complete and accurate, as the case was not dismissed but involved a custody agreement. He argued that respondent’s actions were unjustified and warranted disciplinary action.

  7. OCA's Recommendation
    The Office of the Court Administrator (OCA) recommended that respondent be found guilty of dishonesty and suspended for six months without pay, with a stern warning against future violations.

Issue:

  1. Whether respondent Elizabeth G. Aucena committed dishonesty and falsification of an official document by altering the court order.
  2. Whether the penalty recommended by the OCA is appropriate given the circumstances of the case.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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