Case Digest (A.M. No. P-98-1274)
Facts:
- Acela P. Leonor filed a complaint against Vilma B. Delfin, Clerk of Court III, Municipal Trial Circuit Court, Bacolod City.
- On August 22, 1996, Leonor sought corrections for her son Roscoe Leonor Deles, Jr.'s birth certificate to facilitate his employment in Japan.
- Delfin assured Leonor that the corrections could be completed in one and a half months for a fee.
- The agreed fee was P6,000.00, which Leonor could not pay upfront.
- Payments made by Leonor included:
- P2,000.00 initially
- P2,000.00 on August 27
- P1,000.00 on September 16
- P1,000.00 on September 18, 1996
- Leonor believed the petition for correction was being prepared and filed by Delfin.
- On October 16, 1996, Leonor's son learned from Delfin that no petition had been filed.
- Leonor demanded a refund and received only P3,635.00 back.
- Leonor filed a letter complaint on November 18, 1996, alleging dishonesty on Delfin's part.
- Delfin claimed she did not solicit Leonor's retainership and that her actions were outside her official duties.
- The case was docketed as an administrative matter, leading to a recommendation for disciplinary action against Delfin.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found Vilma B. Delfin guilty of gross misconduct.
- A fine of P2,000.00 was imposed on Delfin.
- Delfin was warned that any fu...(Unlock)
Ratio:
- The Court highlighted that court employees must exhibit propriety, decorum, and integrity in their conduct.
- Delfin's solicitation of fees and direct dealings with a client in her official capacity were deemed highly improper and constituted grave misconduct.
- Although Delfin claimed her actions were motivated ...continue reading
Case Digest (A.M. No. P-98-1274)
Facts:
The case involves Acela P. Leonor as the complainant and Vilma B. Delfin, Clerk of Court III of the Municipal Trial Circuit Court, Branch V, Bacolod City, as the respondent. The events leading to the complaint began on August 22, 1996, when Leonor approached Delfin regarding errors in her son Roscoe Leonor Deles, Jr.'s birth certificate, which needed correction for his employment in Japan. Delfin assured Leonor that the corrections could be made within one and a half months but would incur a cost. After negotiations, the fee was set at P6,000.00, which Leonor could not afford in full. She paid P2,000.00 initially, followed by additional payments of P2,000.00 on August 27, P1,000.00 on September 16, and the final P1,000.00 on September 18, 1996. Throughout this period, Leonor believed that the petition for correction was being prepared and filed by Delfin. However, when her son inquired about the corrected birth certificate on October 16, 1996, Delfin informed him that no petition had been filed, despite earlier claims that it had been assigned to a court branch and set for a hearing. After realizing that the petition was not properly filed, Leonor demanded a refund, receiving only P3,635.00 back from Delfin. Consequently, Leonor filed a letter complaint on...