Case Summary (A.M. No. P-292)
Allegations by Complainant
Arenas specifically contended that Resultan failed to locate the records for Criminal Case No. CC-875, titled "People of the Philippines vs. Rodrigo de Guzman," despite repeated inquiries regarding the regularity of the bail bond posted by the accused. Arenas also accused Resultan of displaying an arrogant demeanor and neglecting his inquiries when he sought to verify the case records to file the bail bond.
Respondent's Defense
In his answer, Resultan recounted an incident on July 3, 1974, where he was approached by others regarding a related violation case. Resultan stated that when Arenas arrived at the clerk's office, he appeared to be intoxicated and became confrontational regarding the bail bond requirement. Resultan alleged physical aggression from Arenas, which led him to seek police protection and file a criminal complaint against Arenas.
Circumstances of the Missing Record
Resultan admitted being aware of the missing records prior to the incident, as he was informed by a colleague. He emphasized that despite exhaustive efforts to locate the missing record, it remained unaccounted for. Nevertheless, the case was tried on the scheduled dates, and the absence of the original records did not cause damage or prejudice to any parties involved, as a reconstruction of the records was successfully completed.
Findings by Investigating Authorities
Deputy Court Administrator Romeo D. Mendoza and Officer-in-Charge Arturo B. Buena corroborated the findings presented by Executive Judge Augusto O. Saroca. They reported that Arenas failed to appear for the investigation despite being duly notified, while Resultan appeared with legal counsel. The investigative findings concluded that Resultan made significant efforts to locate the missing record and successfully reconstructed it without causing any detriment to the involved parties.
Resolution and Recommendations
The Inquest Judge concluded that Resultan acted in good faith during the handling of the missing record incident and found no evidence of malice or ill motive. Given that the reconstruction of the records was accepted by all parties and that there wa
...continue readingCase Syllabus (A.M. No. P-292)
Case Overview
- Atty. Isidro G. Arenas filed a formal complaint against Manuel Resultan, Sr., the Clerk of Court of the City Court of San Carlos City.
- The complaint comprised two primary charges:
- Infidelity in the custody of public records
- Discourtesy, inefficiency, incompetence in the performance of official duties, and conduct prejudicial to the best interest of the service.
Allegations Against Respondent
Infidelity in Public Records:
- Atty. Arenas alleged that Resultan failed to locate the records for Criminal Case No. CC-875, which involved the People of the Philippines vs. Rodrigo de Guzman, despite repeated inquiries.
- This became particularly pressing when Arenas needed to verify the regularity of a bail bond posted by the accused.
Discourtesy and Inefficiency:
- Arenas claimed that when he attempted to verify the records to file the bail bond, Resultan responded with an arrogant attitude, showing disrespect and neglecting his inquiries.
Respondent's Defense
- Resultan presented a defense citing an incident on July 3, 1974, where he was approached by individuals including Arenas regarding bail under the Laurel Law.
- He alleged that:
- Arenas ap