Case Digest (A.M. No. P-06-2245, MTJ-09-1741)
Facts:
By letter-complaint dated January 18, 2006, Judge Jaime L. Dojillo, Jr., presiding judge of the MTC of Manaoag, Pangasinan, charged Concepcion Z. Ching, Clerk of Court, with multiple administrative offenses including gross misconduct, gross incompetence, violation of the Supreme Court circular on smoking, and especially dishonesty for allegedly falsifying her Daily Time Record (DTR). The Office of the Court Administrator investigated, the parties filed a joint motion to dismiss, and the OCA recommended dismissal of the complaint against Judge Dojillo but a six-month suspension for Concepcion for falsification and dishonesty; the Court rendered its decision on July 31, 2009.Issues:
- Is Concepcion Z. Ching guilty of falsification and dishonesty in her DTR and what penalty should attach?
- Is Judge Jaime L. Dojillo, Jr. liable for immorality or misconduct for alleged improper relations with a court employee and for his language in the complaint?
Ruling:
The Court found Concepci Case Digest (A.M. No. P-06-2245, MTJ-09-1741)
Facts:
- Parties and capacities
- Judge Jaime L. Dojillo, Jr., presiding judge of the Municipal Trial Court (MTC) of Manaoag, Pangasinan, filed the original letter-complaint dated January 18, 2006.
- Concepcion Z. Ching, Clerk of Court, MTC, Manaoag, Pangasinan, filed a Comment dated March 13, 2006 and asserted it as a counter-complaint; she also appears as complainant in a cross-filing in the records.
- Procedural history and administrative processing
- By 1st Indorsement dated February 2, 2006, the Office of the Court Administrator (OCA) directed respondent to comment within ten days; respondent complied with Comment of March 13, 2006.
- The complaints and counter-complaint were referred to Executive Judge Rodrigo Nabor of the Regional Trial Court of Urdaneta City, Pangasinan, for investigation, report and recommendation.
- Despite Judge Nabor’s November 6, 2006 Order, the parties did not submit their respective Comments to him and instead filed a joint Manifestation and Motion dated June 5, 2007 seeking dismissal on the ground of misunderstanding.
- By Resolution of October 1, 2007, the Court referred the complaints to the OCA for evaluation, report and recommendation.
- The OCA issued a Memorandum dated June 25, 2008 summarizing the complaint and the Comment/counter-complaint and stating its evaluation and recommendation.
- By Resolution dated August 13, 2008, the Court required the parties to manifest whether they would submit the cases for resolution on the pleadings; the parties filed a Joint Manifestation on September 29, 2008 consenting to resolution on the pleadings.
- Affidavits were submitted on the issue whether December 12, 2005 was a regular working day: Jenelyn Sernadilla (Office of Human Resource Management) stated it was a regular working day; Municipal Consultant Sofronio L. Mangonon stated the municipal hall was closed as a rest day after the Galicayo Festival.
- Allegations in the complaint by Judge Dojillo (as synthesized by the OCA)
- A. GROSS MISCONDUCT — Accusations that respondent is a “lesbian,” a well-known gossiper and troublemaker; allegations that in 1999 respondent gossiped of an illicit relationship between the Court Stenographer and the Court Interpreter; subsequent allegations that respondent maliciously circulated that the presiding judge (complainant) and Mrs. Erlinda L. Marmolejo (Court Interpreter) had an ongoing illicit affair.
- Allegation that on December 20, 2005 respondent banged the main office door showing disrespect, discourtesy and belligerence toward the presiding judge and officemates.
- Allegation of death threats typed on a typewriter purportedly belonging to respondent’s brother.
- B. GROSS INCOMPETENCE AND INEFFICIENCY — Allegation that respondent delegated most assigned tasks, was frequently out of the office, refused to learn to type and to use the court computer, causing delays in preparation and issuance of writs of execution.
- C. VIOLATION OF SUPREME COURT CIRCULAR BANNING SMOKING INSIDE THE OFFICE — Allegation that respondent is a chain smoker who smoked inside the office to the detriment of officemates’ health.
- D. CONDUCT UNBECOMING OF A PUBLIC OFFICIAL AND CONDUCT PREJUDICIAL TO THE INTEREST OF THE SERVICE — Allegation that respondent’s bad temper, loitering and ostentatious conduct eroded public trust in the judiciary.
- E. VIOLATION OF THE CODE OF ETHICAL STANDARDS — Allegation that respondent intimidated and harassed Mrs. Marmolejo to force transfer or resignation; police blotter entries were attached.
- F. GROSS DISHONESTY — Allegations that respondent falsified her Daily Time Record (DTR): making an entry for November 11, 2003 to show presence though she allegedly went to Manila; and making it appear that December 12, 2005 was a local holiday to justify absence.
- Respondent’s Comment and defenses (as summarized by the OCA)
- Denial of the accusations; assertion that she witnessed closeness between Judge Dojillo and Mrs. Marmolejo and that her comments to Marmolejo were aimed at quelling discomfort among colleagues rather than malicious gossip.
- Denial of banging the door; explanation that she forcefully closed an oversized door.
- On alleged incompetence, asserted that her duties were administrative and supervisory, that she delegated typing to faster staff, and that tasks requiring leaving office (reports, bank deposits, withdrawals) justified absences.
- Denied being a chain smoker and claimed others also smoked; denied that she falsified DTRs and maintained that November 11, 2003 leave application was not submitted because she decided to remain in office; asserted December 12, 2005 was a rest day due to local Galicayo Festival and that DTR entries were approved by the presiding judge.
- Prayed for dismissal of the complaint and that her Comment be treated as a counter-complaint.
- OCA evaluation and findings summarized in...(Subscriber-Only)
Issues:
- Primary issues presented for resolution
- Whether the complaint by Judge Jaime L. Dojillo, Jr. that Concepcion Z. Ching engaged in gross misconduct, gross incompetence, smoking inside the office, conduct unbecoming of a public official, violation of the Code of Ethical Standards, conduct prejudicial to the interest of the service, and gross dishonesty is supported by substantial evidence.
- Whether the counter-complaint by Concepcion Z. Ching alleging misconduct by Judge Jaime L. Dojillo, Jr. (including alleged illicit affair and impropriety) is supported by substantial evidence.
- Whether falsification of Daily Time Record entries by respondent Concepcion occurred and, if so, what penalty is appropriate considering mitigating circumstances.
- Whether the parties’ joint request to dismiss the charges or their desistance divests the Court of its jurisdiction or warrants dismissal of the administrative proceedings.
- Second...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)