A.M. No. P-16-3530 - Zarate-Ferdez vs. Lovendino

Complainant: Hon. Josephine Zarate-Fernandez, Executive Judge and Presiding Judge of the Regional Trial Court, Branch 76, San Mateo, Rizal.
Respondent: Rainier M. Lovendino, Court Aide of the Regional Trial Court, Branch 76, San Mateo, Rizal.

During the re-opening of evidence presentations in People v. Jonathan Ursaga (Criminal Case No. 12817-12818) for a violation of Sections 5 and 11 of Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), the court ordered that drug specimens be brought out for identification.
Pamela Cantara, Clerk-In-Charge for Criminal Cases and evidence custodian, diligently searched the vault where the specimens were stored but discovered that the envelopes containing the evidence were disarrayed and no longer arranged in order.
Upon a detailed inventory, it was revealed that twenty (21) cases had missing drug specimens (shabu and marijuana), suggesting that the items had been unlawfully taken from the court’s vault.

Complainant alleged that the theft could only have occurred outside regular office hours when only the respondent had access to the courtroom and vault since he performed cleaning duties and arranged records during disposal periods.
Further allegations suggested that respondent had access to the judge’s chambers and the vault, enabling him to rig the padlock and steal the specimens.
The respondent was also implicated in wider criminal activities, including:

Inclusion in the Barangay Anti-Drug Abuse Council (BADAC) list as a pusher and user of illegal drugs.
A previous indictment for frustrated homicide, with a subsequent civil settlement.
An incident involving robbery-extortion, where he allegedly barged into a residence armed with a gun and alleged police uniform misrepresentation.
An admission by a third party regarding the theft of .38 caliber revolvers from the vault, which the respondent purportedly planned to sell.

On August 16, 2016, the respondent was caught in an entrapment operation for selling an unlicensed .38 caliber revolver, with additional contraband (live ammunition and white crystalline substance suspected to be shabu) confiscated—one of which was identified as missing evidence in Criminal Case No. 15108.
Other discrepancies were noted as cash and pieces of jewelry, similarly submitted as evidentiary items in other criminal cases, were also missing.

A Letter-Complaint was filed on August 15, 2016, initiating administrative proceedings against the respondent for the alleged theft of court exhibits.
The Office of the Court Administrator (OCA) issued a memorandum on August 22, 2016, establishing a strong prima facie case for grave misconduct, serious dishonesty, and conduct prejudicial to the best interest of the service, based on the documented loss of evidentiary items and the respondent’s exclusive access.
Subsequent memoranda and resolutions (including those dated May 8, 2017; August 1, 2017; September 15, 2017; and January 15-16, 2018) further detailed:

The respondent’s failure to file a required comment as directed by the OCA, which was tantamount to insubordination.
The status of several related criminal cases, including matters involving frustrated homicide, violation of drug laws, qualified theft, and resistance/disobedience.
The eventual personal service of notice to the respondent and his continuing non-compliance.

Whether the respondent, by virtue of his access to the court’s vault and his position in the RTC, committed grave misconduct and gross negligence by unlawfully removing and misappropriating drug specimens and other evidentiary items.
Whether the theft of the evidence, which included controlled substances and a missing firearm, constitutes elements of corruption, serious dishonesty, and conduct prejudicial to the best interest of the service.
Whether the respondent’s failure to comply with directives (i.e., not filing his comment despite multiple notices) amounts to insubordination, thereby justifying administrative sanctions and dismissal.