Facts:

• The case involves the loss of valuable items at the Metropolitan Trial Court (MeTC) of Quezon City, Branch 34.
• A letter dated February 12, 2003, from Presiding Judge Maria Elisa Sempio Diy reported the disappearance of a .38 caliber Armscor gun and a Nokia 3310 cellular phone.
• The gun was evidence in a pending criminal case, while the phone was allegedly left by its owner, Mr. Gian Carlo A. Zamora, on December 18, 2002.
• Judge Diy initiated a preliminary investigation, requiring court personnel to submit affidavits and undergo polygraph tests.
• On September 1, 2004, the Supreme Court referred the case to Executive Judge Natividad G. Dizon for further investigation.
• Judge Dizon's inquiry revealed that Ma. Theresa M. Fernandez, the clerk for criminal cases, had attempted to turn over the gun to Clerk of Court Celestina D. Rota, who refused to accept it.
• The gun was placed in a steel cabinet with a defective lock and was discovered missing during a hearing on December 5, 2002.
• The gun was found on January 27, 2006, and submitted to Judge Dizon on February 1, 2006.
• Judge Dizon concluded that Rota was negligent and recommended disciplinary action.
• The OCA found Rota guilty of simple neglect of duty, recommending a 15-day suspension, which was later increased to three months by the Supreme Court.

Issue:

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Ruling:

• Yes, Celestina D. Rota is guilty of simple neglect of duty for her failure to safeguard the .38 caliber Armscor gun.
• Rota is suspended for three months without pay as a penalty for her negligence....(Unlock)

Ratio:

• The Supreme Court determined that Rota's actions amounted to simple neglect of duty due to her failure to accept the gun and ensure its safekeeping, despite its importance as evidence.
• The Court emphas...continue reading