Facts:

• The case "Office of the Court Administrator v. Duque" involves Tessie Duque, a Clerk IV at the Municipal Trial Court in Cities (MTCC), Branch 1, Santiago City, Isabela.
• Eugenio Taguba, a Process Server at MTCC, Branch 2, Santiago City, Isabela, initiated the complaint through a letter dated October 3, 2002.
• The complaint requested an investigation into alleged anomalies during the implementation of a writ of execution in Criminal Case No. II-4066, "People of the Philippines v. Marirose Valencia."
• On April 24, 2001, Judge Ruben R. Plata convicted Marirose Valencia of violating BP Blg. 22, sentencing her to pay a fine of PHP 120,000 and PHP 100,000 as civil liability.
• Pending reconsideration, Valencia and her lawyer, Atty. Pacifico Capuchino, delivered PHP 120,000 to Duque for safekeeping.
• Before Judge Plata could resolve the motion for reconsideration, Judge Maxwell Rosete resumed his position and denied the motion, subsequently issuing a writ of execution.
• Sheriff Wilmer Beltejar, upon implementing the writ, discovered that Valencia had already delivered the money to Duque, evidenced by a receipt.
• Judge Rosete required Duque to comment, but she instead requested an order for the proper turnover of the money.
• Judge Rosete issued an order of garnishment, and Sheriff Beltejar took the money from Duque, turning it over to the Branch Clerk of Court, who then delivered it to Reynaldo Valmonte, the complainant in the criminal case.
• The Office of the Court Administrator (OCA) recommended disciplinary action against Duque for keeping and receiving money without authority and advised Judge Plata to exercise more prudence and circumspection in his dealings.

Issue:

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Ruling:

1. Tessie Duque is found guilty of simple misconduct and is suspended without pay for two months.
2. Judge Ruben R. Plata is advised ...(Unlock)

Ratio:

• The Court found that Tessie Duque, as a Clerk IV, was not authorized to receive money for any purpose, especially since she was detailed to MTCC, Branch 1, and not Branch 2, where the criminal case was pending.
• Even if the situation justified her receipt of the money, she failed to turn it over to the Clerk of Court of MTCC, Branch 2, promptly, keeping it for 17 months.
• By accepting the money, Duque assumed a function that belonged to the Branch Clerk of Court.
• The Court defined misconduct as any unlawful conduct prejudicial to the rights of parties or the right determination of a cause, which does not necessarily imply corruptio...continue reading