Case Digest (A.M. No. P-09-2636)
Case Digest (A.M. No. P-09-2636)
Facts:
Atty. Eduardo E. Francisco, in his capacity of Attorney‑in‑Fact Lamberto Ilagan Landicho, Complainant, vs. Liza O. Galvez, Officer‑in‑Charge, Clerk of Court, Metropolitan Trial Court, Branch 73, Pateros, Metro Manila, Respondent, A.M. No. P‑09‑2636 (Formerly OCA IPI No. 07‑2681‑P), December 04, 2009, the Supreme Court En Banc, Per Curiam.Complainant Francisco filed an administrative complaint accusing Liza O. Galvez, then OIC Clerk of Court of the Metropolitan Trial Court (MTC)‑Pateros, of grave misconduct and conduct unbecoming a court employee for issuing a certified photocopy of a decision dated December 16, 1974 and an undated certificate of finality purportedly issued by Judge Eustaquio P. Sto. Domingo. The certified documents were later used by Evelyn Carandang in litigation to support her claim that her prior marriage had been annulled, thereby validating her subsequent marriage to Lamberto Ilagan Landicho.
The factual background: Landicho married Carandang on February 3, 1975 in Toronto, Ontario, Canada after Carandang represented she was single. In October 2001 Carandang filed for divorce in California; a decree was entered in January 2002 awarding spousal support. Landicho paid support from January 2002 until September 2006, when he learned Carandang had an earlier marriage (August 2, 1973) to Norberto Bagnate in the Philippines. Landicho then sought to stop support and have the California divorce decree declared invalid. In that proceeding, Carandang produced the December 16, 1974 Decision and certificate of finality as proof her prior marriage had already been annulled.
Landicho contested the authenticity of the 1974 Decision, asserting the MTC‑Pateros (and the Fort Bonifacio docket then assigned to it) lacked jurisdiction over annulment cases and noting the decision was only registered in 2007. The Regional Trial Court (RTC) of Pateros, Branch 262, in a Decision dated May 4, 2008, declared the questioned December 16, 1974 Decision null and void and ordered cancellation of the annulment annotation in the civil registry.
Complainant initially filed an administrative complaint against Judge Sto. Domingo, but that complaint was terminated due to Judge Sto. Domingo’s retirement in 1997. Complainant then proceeded against Galvez, who had certified the photocopy and issued the certificate of finality. In her Comment, Galvez related that on April 3, 2007 a Rebecca Bautista, accompanied by Perla A. Chavez (an employee of the Office of the Civil Registrar‑Pateros), presented a duplicate copy of the questioned decision and requested certification. Galvez stated she initially refused because the court had no records of Fort Bonifacio cases, but Bautista and Chavez insisted she could still certify since Galvez was familiar with Judge Sto. Domingo’s signature. Galvez searched the office for other documents bearing Judge Sto. Domingo’s signature, found signatures she considered similar, and thereafter certified the photocopy and issued the certificate of finality. Chavez later admitted she had convinced Galvez to issue the certifications.
The Office of the Court Administrator (OCA) referred the matter to Executive Judge Amelia C. Manalastas of the RTC‑Pasig for investigation. Judge Manalastas’ report (Compliance dated October 3, 2008) found Galvez guilty of simple negligence for failing to exercise diligence in her official duties in violation of Sections 1 and 3, Canon IV of the Code of Conduct for Court Personnel. On March 18, 2009 the OCA recommended suspension for one month and one day. The case was then before the Supreme Court on the administrative complaint docketed as A.M. No. P‑09‑2636.
Issues:
- Was respondent Liza O. Galvez guilty of gross neglect of duty, grave misconduct, or other administrative offense for certifying the questioned December 16, 1974 Decision and issuing a certificate of finality?
- If guilty, what is the proper penalty and may Galvez invoke good faith or first‑offense mitigation to avoid the imposition of dismissal?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)