Case Digest (A.M. No. P-09-2646)
Facts:
The case involves Judge Amado S. Caguioa, the complainant, and Elizabeth G. Aucena, the respondent, who served as a Court Legal Researcher II at the Regional Trial Court, Branch 4 in Baguio City. The administrative complaint arose from a letter dated February 8, 2008, wherein Judge Caguioa charged Aucena with dishonesty and falsification of an official document related to Civil Case No. 775-FC, concerning the custody of minors AAA, BBB, and CCC. On June 28, 2007, Judge Caguioa issued an order granting custody of the minors to their aunt, EEE, while allowing the mother visitation rights under supervision. After Judge Caguioa retired on November 10, 2007, he alleged that Aucena altered his order in January 2008 by adding a sentence that dismissed the case based on an agreement between the parties. This alteration was reportedly made at the instruction of Aucena, who sought to have the modified order received by the City Prosecutor's Office (CPO) of Baguio City. When the Act...
Case Digest (A.M. No. P-09-2646)
Facts:
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.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.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).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.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.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.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:
- Whether respondent Elizabeth G. Aucena committed dishonesty and falsification of an official document by altering the court order.
- Whether the penalty recommended by the OCA is appropriate given the circumstances of the case.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)