A.M. No. P-92-1-029-RTC - Re: Ramiro J. Mendoza

Three property bonds bearing forged certifications were submitted by respondent Ramiro J. Mendoza, Legal Researcher of the Regional Trial Court, Branch 47, Bacolod City.
The bonds, allegedly approved by former Judge Enrique T. Jocson on 18 August 1991 (a Sunday), were later posted in Criminal Cases Nos. 10648, 10649, and 10650.
The forged certifications purportedly originated from the Register of Deeds, the Acting Treasurer, and the Deputy City Assessor of Bago City.

Suspicion arose when Atty. Corazon T. Romero, Clerk of Court of Branch 41, noted irregularities in the records of Criminal Case No. 10650.
The suspicion was confirmed when Atty. Rolando Q. Navales, stated that his signature did not appear on the certification as claimed, leading to questions regarding the genuineness of the documents.

Judge Jocson, upon learning of the discrepancies, issued an order in Criminal Case No. 10648 for the issuance of an alias warrant for the re-arrest of the accused Marcelo Buenafe.
He similarly recalled orders in Criminal Cases Nos. 10649 and 10650, which had earlier directed the release of accused Wilfredo Casimiro and Pinky Pelagio.
Executive Judge Bernardo T. Ponferrada referred the matter to the Philippine National Police (PNP) for investigation, which later found that falsification of public documents had occurred in connection with the bonds.

An investigation was undertaken by Vice-Executive Judge Bethel Katalbas-Moscardon after respondent Mendoza’s motion to inhibit Judge Ponferrada.
Mendoza claimed that the bonds, having been initially subscribed before Municipal Trial Court Judge Manuel Limsiaco, Jr. and approved in other instances, were believed to be authentic.
Witnesses, including court clerks, police inspectors, and a chief of police, testified as part of the investigation conducted by Judge Moscardon.
Verification of the signatures and certifications revealed that key signatories had either disclaimed involvement or did not exist in the designated offices, exposing the documents as forged.

The investigation established that Engr. Dominador Labansawan and respondent Mendoza were involved in the chain of events leading to the submission of forged documents.
Despite similarities in their conduct, evidence of actual conspiracy or criminal complicity by Mendoza was not established; inconsistencies in his testimony were deemed insufficient to prove collusion with Labansawan.
Previous reports of fake bail bonds filed in various branches of the Regional Trial Court indicated a wider issue possibly linked to a syndicate, but this did not automatically implicate Mendoza in criminal activity.
The emphasis shifted to administrative responsibility, highlighting negligence on the part of Mendoza and the presiding judge in exercising due diligence as required in the clearance and acceptance of property bonds.

Whether respondent Mendoza was criminally complicit in the falsification of public documents used for bail bonds.
Whether his actions or omissions amounted to mere negligence or a deliberate conspiracy to defraud the government.

Whether proper scrutiny was exercised in the acceptance and approval of the property bonds despite obvious irregularities.
The responsibilities of both the Legal Researcher (Mendoza) and the presiding judge in ensuring compliance with established procedural safeguards.

How past reports of similar irregularities (fake bail bonds) influenced the investigation and subsequent administrative action.
The applicability of the guidelines in the Manual for Clerks of Court regarding the review of sureties and property ownership in the context of preventing frauds.