Case Digest (A.M. No. P-04-1830)
Facts:
Office of the Court Administrator v. Sylvia Canque, A.M. No. P-04-1830 [Formerly A.M. No. 04-6-151-MCTC], June 04, 2009, the Supreme Court En Banc, Per Curiam.The petition was filed by the Office of the Court Administrator (OCA) against Sylvia R. Canque, Clerk of Court of the 12th Municipal Circuit Trial Court (MCTC), Moalboal-Badian-Alcantara-Alegria, Cebu, following an NBI entrapment operation and a Commission on Audit (COA) finding of shortage in court collections.
On June 1, 2004, Marissa Y. Ypanto complained to the NBI that Canque demanded P40,000 in exchange for the release of her common-law husband, Jovencio Patoc, and dismissal of charges pending before Judge Victor R. Teves. NBI operatives staged an entrapment on June 3, 2004 in Judge Teves’ sala and arrested Canque after she received marked bills totaling P40,000. Forensic examination showed fluorescent powder on both her hands. The NBI report also stated that in November 2003 Patoc’s mother had given Canque P20,000 for dismissal of an earlier RA 9165 charge; that earlier case remained pending. The NBI forwarded the matter for inquest and informations for direct bribery and violation of Sec. 3(b) of Republic Act No. 3019 were filed in the Regional Trial Court of Barili, Cebu (Criminal Case Nos. CEB-BRL-1058 and CEB-BRL-1057).
Separately, COA auditors in November 2003 found a cash shortage of P304,985 in Canque’s accounts. A demand to explain the shortage was served. The COA’s initial report (received by the Supreme Court’s Office of the Chief Justice in August 2004) recommended Canque’s immediate relief from position and any post involving money accountability. On June 29, 2004 the Supreme Court treated the NBI report as an administrative complaint, suspended Canque, and referred the matter to an OCA consultant for investigation.
Canque submitted a Comment denying wrongdoing, explaining prior dealings as relating to bail/bond transactions, and claiming the NBI agent placed the envelope on her forearm. The case was reassigned to the Executive Judge, RTC Cebu City, who conducted a hearing on October 18, 2005; Ypanto had died and did not testify. Investigating Judge Simeon P. Dumdum, Jr. credited the coherent testimony of NBI agents, noted the forensic report positive for fluorescent powder on Canque’s hands, and found Canque guilty of grave misconduct, recommending dismissal with forfeiture of benefits and disqualification from government employment.
The Court referred the Investigating Judge’s report to the OCA (Feb. 7, 2006). The OCA’s June 13, 2006 Report recommended setting aside the Investigating Judge’s findings and reinvestigating because Canque was allegedly not informed of her right to be heard by herself and counsel—raising a due process concern. The Supreme Court directed Canque to comment on the COA audit report (Sept. 5, 2006); she failed to do so and the Court, in a Dec. 4, 2007 Resolution, treated her failure a...(Subscriber-Only)
Issues:
- Was respondent Sylvia R. Canque denied administrative due process when the Investigating Judge conducted the inquiry and the OCA initially recommended setting aside the report for alleged lack of opportunity to be heard?
- Do the facts established by the NBI entrapment operation and the COA audit support administrative liability for grave misconduct, gross neglect of duty and gross dishonesty, and the concomitant penalty of dismissal with forfeiture of ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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