A.M. No. P-07-2413 - Ginete vs. Caballero

Case Summary (A.M. No. P-07-2413)

Factual Background

The records showed that on the morning of 6 September 2006, several court personnel were present in the MTC office of San Pascual, Masbate, including Clerk of Court II Caballero, interpreter Oscar A. Almodiel, stenographers Nora M. Abela and Eunice B. Jimenez, Clerk II Lilia R. Butal, junior process server Almosara, and court aide Gregorio O. Villar III, with stenographer Edgar Mahinay absent. During court business at around 9:00 a.m., Caballero asked Almosara about his Daily Time Record (DTR) for August 2006 and reminded him that DTRs must be submitted to her at the end of every month. Almosara responded by complaining not only about absences of co-employees for the relevant month but also about prior absences in other months and years.

Caballero, instead of engaging the grievance further, referred Almosara to the Presiding Judge, explaining that the Presiding Judge signed the DTRs and leaves of absence. Caballero then inquired about the status of five (5) subpoenas she had given Almosara for service since 15 July 2006 and demanded their return. Almosara requested deferment of the return, reasoning that he could return them at least three (3) days before the scheduled trial on 26 and 27 October 2006, depending on the distance of the residences of the parties.

The inquiry and subsequent demands escalated into what Judge Ginete described as a heated verbal confrontation. The incident shifted from what might have been routine tasks into an unnecessary “words war” and “tongue lashing,” driven by uncontrolled temper. Judge Ginete reported that the altercation was fueled by uncontrolled temper, and that long-standing personal animosity may have triggered the exchange into “untoward, unprofessional, discourteous, irresponsible, improper behavior and offensive conduct.” He narrated that the parties moved in and out of the office and exchanged unwholesome remarks in a loud voice for approximately forty-five (45) minutes.

Judge Ginete further reported that Almosara’s explanations about his job performance, the dangers and difficulties involved in service, and his request for compassion were disregarded, as Caballero insisted on what she demanded. Judge Ginete related that Almosara then became frustrated with Caballero’s insistence and, in a verbal plea to stop the argument, moved his right hand downward while suggesting that Caballero simply file a complaint or charge him to end their confrontation.

After the incident, Almosara turned over to Caballero processes already served and accomplished, except for certain annexes, and a new subpoena was then prepared and served by Caballero. Caballero allegedly informed Almosara that there was no need to worry about the matter because the parties had been notified. Almosara nevertheless retorted that Caballero had done so in order to file a case against him and remove him from service. Judge Ginete reported that onlookers witnessed the verbal quarrel, heard the utterances, and observed the acts that followed.

Complaints and Allegations of Ongoing Hostility

Judge Ginete also stated that the enmity between Caballero and Almosara hinged on Caballero’s alleged unfair and unequal treatment, her oppressive management style, and her alleged bias and partiality in the release of salary checks and other benefits. Judge Ginete further narrated an earlier incident where Almosara’s loan from the Judiciary Savings and Loan Association (JUSLA) was not released due to information from Caballero about a pending administrative case against him.

Almosara, for his part, viewed the situation as unbearable and tendered his resignation. Judge Ginete opposed the resignation. Judge Ginete maintained that the court staff had been working harmoniously until Caballero assumed the position of clerk of court in 1995, and he described Caballero as cantankerous, bossy, arrogant, lazy, and inefficient. To address conflicts, Judge Ginete stated that he called staff conferences and withdrew from Caballero the authority to sign DTRs and leave applications.

Testimonial Evidence Considered by the OCA

In connection with the administrative inquiry, Judge Ginete included in his report the testimonies of court stenographer Nora M. Abela and court interpreter Oscar A. Almodiel. Abela testified that she witnessed the heated exchange between Caballero and Almosara on 6 September 2006. She also testified that the day after the incident, Caballero asked her to sign a joint affidavit to support a complaint against Almosara for insubordination, gross misconduct, and negligence of duty, and that when Abela refused, Caballero warned her to be on guard because they would still work together for another four years.

Almodiel testified that he witnessed the incident on 6 September 2006. He further alleged that the morning after the incident Caballero told him she would not file a case against Almosara if he voluntarily retired, and that Caballero required him to sign a joint affidavit, which he refused to do. He likewise reported that Caballero warned him they would still work together for another four years. Almodiel also recounted another incident where Caballero allegedly refused to hand him an order for the release of fishing vessels requiring immediate service, to the consternation of and damage to the owners.

Judge Ginete also highlighted a contentious matter concerning the joint affidavit used for a complaint before the Executive Judge. The copy attached to Caballero’s letter-complaint allegedly contained a notation stating that the signatures of other employees were held in abeyance per Judge Ginete’s instruction because he would investigate the case in the third week of September, as related by Almodiel and authored by “V.M. Caballero.” Judge Ginete claimed this notation was an attempt to mislead the Executive Judge because it did not appear on the original copy.

Positions of the Respondents

In her Comment dated 5 May 2007, Caballero explained that on 6 September 2006 she asked Almosara about his DTR and the progress of service of five subpoenas. She asserted that Almosara admitted that he failed to serve the subpoenas because he had no money and was infirm. Caballero said she advised him to find means to serve the subpoenas, but she claimed Almosara suddenly pointed at her, in a loud voice, and urged her to file a case against him.

Caballero added that on 12 September 2006, noticing that only four subpoenas had been returned, she prepared another subpoena and personally served it. She claimed she informed Almosara of this and that during another outburst he complained of a stomach ache, challenged her to file a case, and went out of the office. Caballero accordingly filed a complaint before Judge Ginete against Almosara for his behavior. She further contended during the investigation that she disputed charges of grave misconduct, dishonesty, oppression, and other violations, and she stressed that in twelve years of service she had not previously faced an administrative case. She denied dishonesty in relation to the notation and asserted that she acted in conformity with court procedures on the release of checks.

In his Comment dated 25 May 2007, Almosara argued that since his employment began in 1987, there had been no incident where a court employee had been berated or defamed by the clerk of court or by the presiding judge. He alleged that when Caballero assumed office in 1995, the atmosphere began to change because employees were compelled to suffer her authoritarian leadership. He stated that he quietly aired his grievances until he could no longer bear the situation and then lost his temper on 6 September 2006. Almosara also alleged that Caballero lent money to co-employees at high interest rates on unconscionable terms.

OCA Evaluation and Recommendation

In its Report dated 7 November 2007, the OCA found that the charges against Caballero for insubordination, dishonesty, and lending money at high interest rates were unsubstantiated. The OCA stated that, aside from the testimonies of witnesses, no other evidence was presented to support the serious accusations. Nonetheless, the OCA recommended that both respondents should be held answerable for the behavior they displayed on 6 September 2006 within the court premises.

The OCA underscored that both respondents admitted that the incident occurred but failed to provide justification to defend their conduct. It viewed the incident as a reprehensible occurrence because quarrels within court premises adversely affected the good image of the judiciary. It recommended that Caballero be reminded she dealt with persons endowed with dignity and self-respect, and that her conduct and example should create an atmosphere of cordiality conducive to industry and commitment to excellence. The OCA recommended: (a) that the complaint be treated as a regular administrative matter; (b) that Caballero be admonished to be more circumspect in dealings with co-employees; (c) that she be advised to promote and maintain harmony among court employees in her role as Branch Clerk of Court with administrative supervision; and (d) that both respondents be fined P1,000.00 each with a stern warning that repetition of the same or similar acts would be dealt with more severely.

After the parties were required to manifest willingness for resolution based on the pleadings and records, Almosara manifested willingness on 26 January 2008, and Caballero manifested the same on 11 February 2008.

Court’s Ruling on Liability and Penalty

The Court adopted the OCA’s recommendation. It held the altercation between Caballero and Almosara reprehensible because it transpired within the premises of the court. The Court viewed fighting between court employees during office hours as disgraceful and as conduct that reflected adversely on the good image of the judiciary. It determined that shouting at co-workers in the workplace during office hours was arrant discourtesy and disrespect not only toward c

Case Syllabus (A.M. No. P-07-2413)

Parties and Procedural Posture

Judge Manuel V. Ginete filed the administrative complaint against Villa M. Caballero, then Clerk of Court II of the Municipal Trial Court (MTC) of San Pascual, Masbate, and against Edwin B. Almosara, Junior Process Server, arising from an incident inside the trial court.
The complaint stemmed from a court inquiry conducted by Judge Ginete and a subsequent report submitted to the Office of the Court Administrator (OCA).
The OCA recommended that the complaint be treated as a regular administrative matter and that both respondents be held administratively liable for acts committed on September 6, 2006.
The Court required the parties to manifest whether the case could be resolved on the basis of the pleadings/records filed.
Edwin B. Almosara manifested willingness to submit for resolution on the pleadings on January 26, 2008.
Villa M. Caballero made a similar manifestation on February 11, 2008.
The Court adopted the OCA recommendation and imposed administrative penalties and warnings.

Key Factual Allegations

On the morning of September 6, 2006, the incident occurred during regular court business inside the MTC of San Pascual, Masbate with multiple personnel present.
Around 9:00 a.m., Caballero asked Almosara about his Daily Time Record (DTR) for August 2006, reminded him to submit DTRs monthly, and directed him as required by her role in the court’s internal processes.
Almosara responded by complaining about absences and leaves of co-employees for August, July, and also for prior months and years.
Caballero referred Almosara to the Presiding Judge, explaining that the Presiding Judge signed DTRs and leaves of absence.
Caballero then asked for the status of five (5) subpoenas that she had earlier given Almosara for service since July 15, 2006, and demanded their return.
Almosara requested deferment of return, explaining that he was completing service and that he intended to return the subpoenas at least three (3) days before the scheduled trials on October 26 and 27, 2006, depending on the distance of the parties’ residences.
Caballero refused to defer and insisted on her demands, and the exchange escalated from what appeared to be routine tasks into an extended quarrel.
The incident became a verbal tussle marked by uncontrolled temper, loud and improper exchanges, and physical gestures, lasting approximately forty-five (45) minutes.
The report described that both respondents moved in and out around the office while exchanging unwholesome remarks in a loud voice, which the Court treated as conduct unbecoming of court employees.
Almosara attempted to explain his work conduct, including claimed danger and difficulties in executing service, and asked for compassion, but Caballero insisted on the argument continuing.
Almosara, in an outburst, allegedly “wrangled” his right hand downward while urging Caballero to stop the argument, and suggested that she file a case or charge him to end the situation.
After several days, Almosara turned over the subject processes that were already served and accomplished, except for some annexes, after which Caballero prepared and served a new subpoena and informed him that the parties had been notified.
Almosara later retorted that Caballero prepared and served the process because she wanted to file a case to remove him from service.
The Court took account of the account that onlookers witnessed the verbal quarrel, heard what was uttered, and saw the actuations.

Allegations on Underlying Motives

Judge Ginete reported that the altercation was fueled by long-standing personal animosity between the respondents.
The report identified alleged sources of that animosity, including unequal treatment by Caballero toward co-employees, an oppressive management style, and bias and partiality regarding the release of salary checks and other benefits.
The report also narrated that Caballero had informed on Almosara’s loan from the Judiciary Savings and Loan Association (JUSLA), delaying its release due to the existence of a pending administrative case.

Respondents’ Positions

Almosara contended that the situation became unbearable and that he tendered his resignation, which Judge Ginete opposed.
Judge Ginete asserted that his employees were of good moral character before Caballero assumed the clerkship position in 1995 and that harmony deteriorated thereafter due to her allegedly cantankerous, bossy, arrogant, lazy, and inefficient manner.
Judge Ginete reported that he withdrew from Caballero the authority to sign DTRs and leave applications to address the conflict.
In her Comment, Caballero stated that on September 6, 2006, she asked Almosara about his DTRs and the progress of service of the five subpoenas and that Almosara admitted failure to serve due to lack of money and infirmity.
Caballero maintained that she advised Almosara to find means to serve, but that Almosara, in response, pointed at her, urged her to file a case, and then later left the office after repeatedly challenging her to file a case.
Caballero described that on September 12, 2006, after she noted only four (4) subpoenas were returned, she prepared and personally served another subpoena and informed Almosara of the development.
Caballero also denied dishonesty, asserting that her handling of the contested notation on a joint affidavit was based on information supplied by Almodiel.
In his Comment, Almosara asserted that sinc