Title
Canete vs. Rabosa, Sr.
Case
Adm. Matter No. MTJ-96-1111
Decision Date
Sep 5, 1997
Clerk of Court Fely C. Carriedo suspended for one month without pay for negligence in safeguarding a firearm exhibit, enabling its unlawful licensing by a retired judge.
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Case Digest (Adm. Matter No. MTJ-96-1111)

Facts:

Background of the Case

  • Complainant: Virgilio CaAete, Court Stenographer II, RTC-Br. 24, Ipil, Zamboanga del Sur.
  • Respondents: Judge Marcelo B. Rabosa, Sr. (retired) and Clerk of Court Fely C. Carriedo, MCTC, Ipil-Tungawan, Zamboanga del Sur.
  • Date of Complaint: 28 November 1995.
  • Allegation: Unlawful taking of a .45-caliber pistol with 7 rounds of ammunition submitted as an exhibit in Crim. Case No. 2044, "People v. Arturo Pilapel and Herman Baate," for Illegal Possession of Firearm.

Details of the Allegation

  • The firearm was allegedly taken by Judge Rabosa on a mere verbal order for "ballistics examination."
  • Months later, the gun was licensed in the name of Judge Rabosa.
  • Respondent Judge retired in 1992 and was no longer under the administrative supervision of the Court at the time of the complaint.
  • Respondent Clerk of Court, Fely C. Carriedo, claimed that the gun was returned to the Provincial Prosecutor’s Office and submitted an acknowledgment receipt to absolve herself of liability.

Investigation Findings

  • Deputy Court Administrator Bernardo Abesamis found that the gun was licensed in Judge Rabosa’s name in 1987.
  • Although the firearm was supposedly returned in July 1988, Carriedo failed to report the temporary misappropriation to the Court.
  • Carriedo, as the custodian of court exhibits, was found negligent in safeguarding the firearm.

Issue:

  1. Whether Clerk of Court Fely C. Carriedo is administratively liable for infidelity in the custody of court exhibits.
  2. Whether the penalty recommended by the Deputy Court Administrator and Court Administrator is appropriate.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

  • Clerk of Court Fely C. Carriedo was suspended for one month without pay.
  • The Court warned against future similar offenses, which would be met with more severe penalties.


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