Case Summary (A.M. No. 2011-04-SC)
Background of Events
In a criminal case filed before the Regional Trial Court of Cebu City, a significant amount of evidence in the form of cash was found to be short by P24,800 after a recount by Court Interpreter Alicia Caburnay and others, including Latiza. Upon discovery of the shortage, Latiza admitted to allowing outsiders to stay in the courtroom, leading to suspicions about his involvement. Subsequent to these incidents, he failed to report for duty and was noted as being absent without leave (AWOL).
Administrative Complaints and Investigations
On February 18, 2003, Branch Clerk of Court Aurora Ventura-Villamor reported Latiza’s AWOL status and requested the withholding of his salary and benefits due to his unexplained absences and alleged involvement in the loss of evidence. Following a directive from the Supreme Court, an investigation was led by Executive Judge Pampio A. Abarintos. Latiza, despite summons, did not appear during the investigation and could not be located at his last known address.
Findings and Recommendations
The investigating judge's report emphasized Latiza's AWOL status, his sudden resignation, and affidavits from co-employees confirming his admission of liability for the lost amount. The Office of the Court Administrator (OCA) discovered Latiza's previous pending administrative case for insubordination and simple misconduct, recommending his resignation be accepted but maintaining consequences in light of the ongoing administrative issues.
Court En Banc's Findings
The Court En Banc concluded that Latiza's absence, refusal to cooperate in the investigation, and resignation were all indicative of his guilt concerning the mishandling of court evidence. The findings further established that Latiza's actions constituted dishonesty and grave misconduct, which are serious offenses meriting severe disciplinary action.
Penalties Imposed
Due to Latiza's resignation, dismissal from service was not applicable; however, a fine of P40,000 was imposed for the offenses of dishonesty and grave misconduct. Additionally, all his retirement benefits, excluding accrued leave credits, were forfeited, and he was disqualified from future employment in any government capacity.
...continue readingCase Syllabus (A.M. No. 2011-04-SC)
Case Background
- This case involves Michael A. Latiza, a Court Aide at the Regional Trial Court, Branch 14, Cebu City, who faces administrative charges due to unexplained absences and involvement in the loss of evidence in a criminal case.
- The administrative case is docketed as A.M. No. 03-3-179-RTC and is connected to his resignation in A.M. No. 03-10-576-RTC.
- The criminal case in question is for violation of Section 16, Article II, Republic Act No. 6425 (Criminal Case No. CBU-50474).
Incident of Loss of Evidence
- The trial court ordered the return of P118,040 to the accused, Danilo Ceniza, which was presented as evidence.
- During the counting of the money, only P93,240 was found, leading to a discovery of a shortage of P24,800.
- Court Interpreter Alicia Caburnay and other court officials were informed about the loss and subsequently notified Presiding Judge Rafael Yrastorza.
Latiza's Involvement
- Michael Latiza, who had been using the court premises as his sleeping quarters, admitted to Judge Yrastorza that he allowed outsiders to stay overnight in the courtroom.
- Following the loss, Latiza offered to compensate for the missing amount and repeated this in a subsequent meeting with court officials.
Administrative Actions and Investigations
- Clerk of Court Atty. Aurora Ventura-Villamor filed a report regarding Latiza’s unexplained absences since February 10,