A.M. No. P-22-053 - Santiago vs. Ferdo

Respondent, Romelito G. Fernando, originally served as Utility Worker I at the Regional Trial Court (RTC) in Tagaytay City, Cavite.
In December 2014, he was appointed by Acting Presiding Judge Jaime B. Santiago as Clerk III in charge of civil cases.

On August 11, 2015, Judge Santiago filed a Complaint charging respondent with Insubordination, Irregularity in the Performance of Duty, and Gross Neglect of Duty.
The complaint centered on respondent’s failure to promptly transmit the Formal Offer of Documentary Evidence in two land registration cases (LRC No. TG-14-035 filed October 10, 2014, and LRC No. TG-14-060 filed February 17, 2015), which allegedly delayed judicial proceedings.
Despite repeated admonitions and written warnings, respondent did not immediately refer the necessary documents to his superior, causing a significant delay in case disposition.

On November 9, 2015, respondent submitted a Comment, claiming that any shortcomings were unintentional and attributed them to being overburdened with numerous daily tasks.
He further explained that the delay in transmitting the Formal Offer for LRC No. TG-14-035 was due to Remy Ligsa’s responsibility, while for LRC No. TG-14-060, instructions to forward the case folder were only received on February 16, 2015 and the document was further delayed when it was provided by Madonna Cunanan on May 18, 2015.

On October 5, 2015, Judge Santiago filed a Supplemental Complaint charging the respondent with Continued Irregularities, Gross Incompetence, and Gross Misconduct.
The complaint included an incident on September 18, 2015, when Mrs. Lolita Borja arrived at the court demanding accountability for a transaction.

It was alleged that on May 22, 2015, respondent had solicited and received P40,000.00 to facilitate bail for her son, detained for violation of Section 11 of Republic Act No. 9165.
Despite this payment, bail was not effected, prompting further scrutiny.

During the January 2014 semestral inventory, several criminal case folders already submitted for resolution were found missing.
A subsequent search in respondent’s work area uncovered 51 criminal case folders, one Juvenile and Domestic Relations Court case folder, and three additional criminal case folders discovered on February 14, 2014.
When questioned, respondent attributed the misplacement of these records to instructions allegedly given by Sheriff Laydabell G. Pijana, with both parties later denying each other’s claims.

The Office of the Court Administrator (OCA) took charge of the administrative matter, issuing its 1st Indorsement on November 3, 2015, instructing respondent to file a Comment on the Supplemental Complaint within ten days.
Respondent requested and was granted an extension until March 29, 2016, citing health reasons.
However, respondent subsequently went on Absence Without Official Leave (AWOL) and failed to file the required Comment despite notices, including a reiterated directive via the OCA’s 1st Tracer dated January 16, 2017.
It was later recorded by the court that respondent last logged in on January 22, 2016, and ultimately his name was stricken from the rolls on November 29, 2017.

In its Memorandum dated April 25, 2018, the OCA recommended that the administrative complaint be re-docketed as a regular matter.
The OCA found respondent guilty of Gross Insubordination for his failure to follow directives regarding the timely submission of case folders and for not filing his Comment despite notice.
Additionally, respondent was found liable for Grave Misconduct (or Gross Misconduct) for having received money from a litigant, supported by an uncontested handwritten note indicating receipt of P40,000.00.
Given that respondent had already been dropped from the rolls due to AWOL status, the recommended penalty was the imposition of accessory penalties instead of dismissal, including forfeiture of all benefits (except accrued leave credits), perpetual disqualification from re-employment in any government instrumentality, and a fine within the scope of Revised Rule 140.

Whether respondent Romelito G. Fernando can be held administratively liable for:

Gross Insubordination, arising both from his disobedience to directive orders and his failure to file a required Comment despite repeated notice.
Grave Misconduct (or Gross Misconduct) for the act of accepting money from a litigant in an unauthorized capacity.

Whether respondent’s AWOL status and subsequent removal from the rolls affect the Court’s jurisdiction to proceed with and impose penalties for the administrative case.

Whether the respondent’s silence (failure to file Comment) constitutes an implicit admission of the charges leveled against him.