Case Digest (A.M. No. P-06-2104)
Facts:
- An administrative complaint was filed by Judge Joselito S. Salvador against Romancito M. Serrano, Clerk of Court III of MTCC, Branch 2, San Fernando City, Pampanga.
- The complaint, dated August 27, 2002, accused Serrano of tampering with records in Civil Case No. 8114, "Rosalina O. Ng v. Jorolan."
- Allegations included concealing an ex parte proceeding on March 15, 2002, and an order on April 16, 2002, declaring the defendant in default.
- Serrano was accused of allowing the posting of a bond without the presence of the accused and the presiding judge.
- The plaintiff filed a motion for default on March 13, 2002, which was heard ex parte on March 15, 2002, due to the defendant's absence.
- Judge Rodrigo Flores issued an order on April 16, 2002, granting the motion for default.
- After Judge Flores left for the U.S. on May 6, 2002, Judge Salvador took over and later discovered the previous order of default was not disclosed.
- Serrano claimed forgetfulness and a heavy workload as reasons for his actions, citing personal issues as contributing factors.
- The case was referred to the Office of the Court Administrator (OCA) and then to the Executive Judge of the Regional Trial Court.
- On June 11, 2004, the Executive Judge recommended finding Serrano guilty of dishonesty and inefficiency, suggesting dismissal for dishonesty and a six-month suspension for inefficiency.
Issue:
- (Unlock)
Ruling:
- The court found Romancito M. Serrano guilty of dishonesty for concealing the ex parte proceedings and the order declaring the defendant in default.
- The court also found Serrano guilty of inefficiency and incompetence for ...(Unlock)
Ratio:
- The Supreme Court stated that dishonesty is a serious offense that can lead to dismissal from service on the first instance.
- Serrano's actions were deemed a clear violation of his responsibilities as a Clerk of Court.
- His concealment of the ex parte proceedings and the order of default was viewed as a deliberate act undermining judicial integrity.
- The court found Serrano's defense of forgetfulness unconvincing, supported by evidence...continue reading
Case Digest (A.M. No. P-06-2104)
Facts:
The case at hand is an administrative complaint filed by Judge Joselito S. Salvador against Romancito M. Serrano, Clerk of Court III of the Municipal Trial Court in Cities (MTCC), Branch 2, San Fernando City, Pampanga. The complaint, dated August 27, 2002, alleges that Serrano tampered with the records of Civil Case No. 8114, titled "Rosalina O. Ng, doing business under the name and style, Goldstar Hardware & Aluminum Supply v. Jorolan." The allegations include concealing an ex parte proceeding that occurred on March 15, 2002, and an order issued on April 16, 2002, which declared the defendant in default. Furthermore, it was claimed that Serrano allowed the posting of a bond in the absence of the accused and the presiding judge.
On March 13, 2002, the plaintiff filed a motion to declare the defendant in default, which was set for hearing on March 15, 2002. The defendant failed to appear, leading to the respondent hearing the plaintiff's evidence ex parte. On April 16, 2002, Judge Rodrigo Flores issued an order granting the motion to declare the defendant in default. After Judge Flores left for the United States on May 6, 2002, Judge Salvador took over as the pairing judge. On May 9, 2002, Judge Salvador signed a similar order declaring the defendant in default and setting a date for the reception of evidence. However, on May 22, 2002, when the plaintiff's counsel informed Judge Salvador that evidence had already been presented ex parte, he became suspicious and ordered a verification of the case records. This verification revealed that the previous order of default was kept in a separate file, and the ex parte evidence was received by Serrano, who is not a lawyer.
Serrano defended himself by claiming forgetfulness and a heavy ...