Case Summary (A.M. No. P-06-2130)
Details of the Complaint
In her complaint-affidavit dated June 2, 2004, Flores recounted that during a public auction at the Clerk of Court's office, she placed a bid of Ten Thousand Two Hundred Pesos (₱10,200.00) for two items—a JVC DVD player and a Sony TV set. However, she alleged that Pascasio manipulated the bidding record to indicate that her bid was merely One Thousand Two Hundred Pesos (₱1,200.00) and scolded her when she questioned him about the auction process.
Respondent’s Defense
In his comment dated August 24, 2004, Pascasio denied any discriminatory practice against Flores. He acknowledged receiving her bid but dismissed it as invalid due to a lack of itemization. He contended that the auction rules stipulated itemized bids for consideration and maintained that he only recorded an invalid bid without an accompanying amount.
Office of the Court Administrator’s Findings
An Evaluation Report from the Office of the Court Administrator (OCA), dated November 30, 2005, revealed that Pascasio inaccurately stated that Flores bid only ₱1,200.00. The report corroborated that Flores’ bid was the highest for the two auction items. The OCA underscored that the actions of Pascasio not only showed dishonesty but also weakened public trust in the judicial system.
Recommended Sanction
The OCA recommended that Pascasio be found guilty of dishonesty, suggesting a two-month suspension and a stern warning against future misconduct. On February 15, 2006, the Court re-docketed the case as a regular administrative matter and requested a manifestation from the parties.
Delays and Subsequent Events
Flores’ lawyer, Atty. Randy B. Escolango, sought multiple extensions to file a reply, ultimately failing to do so, which resulted in a fine for failure to comply with procedural requirements. In light of these delays and the admission that he could not locate Flores, Escolango presumed her lack of interest in the case. The Court, on December 3, 2008, deemed the filing of a reply waived.
Dismissal of the Respondent and Case Mootness
On March 4, 2009, the case was referred for investigation, but by then, the OCA noted that Pascasio had been ordered dismissed from the service for other reasons. The recommendation was made that the current case be deemed moot and academic due to the respondent's prior dismissal and complainant's lack of interest. However, due process was maintained as Pascasio had been given an opportunity to respond to the complaint.
Court’s Conclusion on Dishonesty
Although the investigation was deemed non-feasible due to the respondent's dismissal, the Court found sufficient evidence to establish the respondent's guilt of dishonesty. This finding was supported by his
...continue readingCase Syllabus (A.M. No. P-06-2130)
Case Background
- The case centers around an administrative complaint filed by Susana E. Flores against Ariel D. Pascasio, a Sheriff III in the Municipal Trial Court in Cities (MTCC), Branch 5, Olongapo City.
- The complaint alleges Grave Misconduct and Grave Abuse of Authority by the respondent.
- The dispute arises from an auction sale conducted on March 5, 2004, where items including a JVC DVD player and a Sony TV set were sold.
Facts of the Case
- Susana E. Flores submitted a bid of P10,200.00 for the two items during the public auction.
- The auction resulted in the JVC DVD player being sold for P2,520.00 and the Sony TV set for P2,500.00, both sold separately.
- Flores contended that the respondent manipulated the bidding process to reflect her bid as only P1,200.00, instead of her actual bid.
- The respondent allegedly scolded Flores for questioning the auction's conduct.
Respondent's Defense
- In his comment dated August 24, 2004, Pascasio denied any discrimination against Flores.
- He acknowledged receiving her bid but claimed it was disregarded due to its lack of itemization.
- Pascasio contended that only itemized bids would be considered valid and that Flores should have submitted separate bids for each item.
Findings by the Office of the Court Administrator (OCA)
- An Evaluation Re