A.M. No. P-06-2245, MTJ-09-1741 - Dojillo, Jr. vs. Ching

Case Summary (A.M. No. P-06-2245, MTJ-09-1741)

Factual Background

The complaint filed by Judge Dojillo accused Concepcion Ching of repeated gossiping alleging an illicit affair between the judge and the court interpreter, of loudly banging the office door on December 20, 2005, of issuing typewritten death threats, of delegating official duties and causing delays in issuance of writs, of smoking inside the office in violation of the Supreme Court circular, of harassing a co-employee, and of falsifying entries in her Daily Time Record (DTR) for November 2003 and December 2005 to conceal absences. Respondent Concepcion denied the allegations, asserted that her comments about the alleged closeness of the judge and the interpreter were prompted by observed conduct in the office, explained delegation of typing tasks as administrative necessity, justified official absences by duties performed outside the office, and maintained the truthfulness of her DTR entries while inviting dismissal of the complaint as baseless and asking that her Comment be treated as a counter-complaint.

Procedural History

Upon receipt of the letter-complaint dated January 18, 2006, the Office of the Court Administrator directed respondent to comment, and Concepcion filed a Comment on March 13, 2006 which she characterized as a counter-complaint. The matters were referred to Executive Judge Rodrigo Nabor for investigation and report, but after interlocutory proceedings and a joint Manifestation and Motion of the parties in June 2007 seeking dismissal on the ground of misunderstanding, the Supreme Court, by Resolution of October 1, 2007, referred the complaints to the OCA for evaluation, report and recommendation. The OCA submitted a memorandum on June 25, 2008. The Court later required the parties to state whether they would submit the case on the existing pleadings, and the parties agreed.

OCA Synthesis of Allegations and Counter-allegations

The OCA categorized Judge Dojillo’s allegations under headings of gross misconduct, gross incompetence and inefficiency, violation of the smoking ban, conduct unbecoming and prejudicial to public service, violation of the Code of Ethical Standards, and gross dishonesty for the alleged falsification of DTR entries. The OCA likewise summarized Concepcion’s Comment which denied the allegations, narrated specific incidents she alleged to have witnessed between the judge and the court interpreter, explained her administrative practices and reasons for absences, and defended the DTR entries by reference to a claimed local rest day and to approvals.

OCA Evaluation of the Complaint Against the Judge

The OCA concluded that the complaint against Judge Dojillo was unsupported by substantial evidence. The OCA emphasized the complainant’s burden to prove immorality in administrative cases and found the record bereft of such proof. It noted legitimate reasons for the interpreter’s presence in the judge’s chambers, including use of the computer located there, and held that arrival at or about eight o’clock in the morning did not amount to unusual early attendance. The OCA therefore recommended dismissal of the counter-charge against the judge as lacking merit.

OCA Evaluation of Respondent’s Conduct and Recommendation

The OCA found that Concepcion’s accusations against a co-employee were malicious and not substantiated, and that her DTR entries were falsified in that she made it appear that she was present when she was not and that December 12, 2005 was a local holiday when the evidence did not corroborate that claim. The OCA characterized the misrepresentation in the DTR as patent dishonesty and falsification of an official document and observed the deleterious effect of such acts on public funds and trust. Relying on Rule IV, Section 52 of the Civil Service rules and on pertinent precedents, the OCA recommended that respondent be found guilty of falsification and dishonesty and be suspended for six months with a stern warning, while dismissing the complaint against the judge.

Parties’ Evidentiary Submissions on the Holiday Claim

The parties submitted competing affidavits regarding whether December 12, 2005 was a rest day. Jenelyn Sernadilla, officer in charge of attendance, averred that December 12 was a regular working day. Municipal consultant Sofronio L. Mangonon averred that the municipal hall was closed that day as a rest day following the Galicayo Festival. The Court found Jenelyn’s affidavit more credible on the ground that she was the officer in charge of attendance and that Mangonon’s position as a consultant made him less likely to have routine knowledge of daily office attendance.

Court’s Assessment of the Falsification and Dishonesty Charges

The Court observed that each false entry in a DTR constitutes falsification and dishonesty because the DTR is the instrument for computing salary and leave credits and falsifying it results in financial loss to the government. The Court cited jurisprudence to that effect and reiterated that under the Uniform Rules on Administrative Cases and Civil Service Commission precedents, dishonesty and falsification are grave offenses ordinarily punishable by dismissal even on a first offense. The Court nevertheless noted that mitigating circumstances, notably that this was respondent’s first administrative charge since entering government service in 1996, could justify a lesser penalty.

Court’s Resolution and Sanction

The Court found Concepcion Z. Ching guilty of dishonesty and falsification of official document. The Court imposed suspension for six months without salary and other benefits and issued a stern warning that repetition would be dealt with more

Case Syllabus (A.M. No. P-06-2245, MTJ-09-1741)

Parties and Posture

Judge Jaime L. Dojillo, Jr. filed a letter-complaint charging Concepcion Z. Ching, Clerk of Court of the MTC, Manaoag, Pangasinan, with multiple administrative offenses.
Concepcion Z. Ching filed a Comment that included a counter-complaint against Judge Dojillo and later joined in a joint Manifestation and Motion seeking dismissal of both charges.
The Office of the Court Administrator referred the matters to Executive Judge Rodrigo Nabor for investigation and later evaluated the complaints for recommendation to the Court.
The Court considered the OCA report and resolved the administrative charges after the parties manifested willingness to submit the case on the pleadings.

Key Facts

Judge Dojillo alleged that Concepcion was a persistent gossiper who circulated malicious rumors that the judge had an illicit affair with Court Interpreter Erlinda L. Marmolejo.
Judge Dojillo alleged that Concepcion banged the office door on December 20, 2005, and sent typewritten death threats purportedly using her brother’s typewriter.
Judge Dojillo alleged that Concepcion was grossly inefficient, delegated typing tasks improperly, left the office frequently, refused to use the court computer, and smoked inside the office in violation of a Supreme Court circular.
Judge Dojillo alleged that Concepcion falsified her Daily Time Records (DTR) for November 2003 and December 12, 2005, to conceal absences.
Concepcion denied the accusations, asserted that her concerns about the judge and Marmolejo were based on observed conduct, explained delegation of typing as necessary, and explained DTR entries by reference to leave decisions and claimed local holiday status.
Affidavits conflicted on December 12, 2005, with Jenelyn Sernadilla stating it was a regular working day and Municipal Consultant Sofronio L. Mangonon stating the municipal hall was closed after a local festival.

Procedural History

The complaint by Judge Dojillo was filed by letter dated January 18, 2006, and the OCA directed Concepcion to comment by indorsement of February 2, 2006.
Both complaints were referred to Executive Judge Rodrigo Nabor for investigation, and the parties later filed a joint Manifestation and Motion on June 5, 2007 seeking dismissal.
The Court by Resolution of October 1, 2007 referred the matter back to the OCA for evaluation and recommendation.
The OCA submitted its Memorandum on June 25, 2008, recommending dismissal of the complaint against Judge Dojillo and suspension of Concepcion for six months.
The Court required the parties to manifest willingness to submit the case on the pleadings by Resolution of August 13, 2008, and received a joint manifestation on September 29, 2008.
The Court rendered its decision resolving the administrative charges in favor of the OCA recommendations.

Issues Presented

Whether Concepcion committed falsification and dishonesty by making false entries in her Daily Time Record.
Whether Judge Dojillo engaged in immoral or unethical conduct warranting administrative sanction based on the allegations of an illicit relationship with a court employee.
Whether the joint withdrawal or desistance of complaints by the parties divested the Court of jurisdiction to proceed with administrative investigation.

Positions of Parties

Judge Dojillo contended that Concepcion was guilty of gross misconduct, gross incompetence, violation of the smoking ban, conduct unbecoming, violation of the Code of Ethical Standards, conduct prejudicial to the service, and gross dishonesty.
Concepcion denied the allegations, defended her administrative perf