Cañete v. Rabosa Sr.
REITERATIONFacts
The Antecedents: Complainant Virgilio Cañete, Court Stenographer II, filed a complaint against retired Judge Marcelo B. Rabosa Sr. and Clerk of Court Fely C. Carriedo for the unlawful taking of a .45-caliber pistol with 7 rounds of ammunition, submitted as an exhibit in Crim. Case No. 2044, "People v. Arturo Pilapel and Herman Baate," pending preliminary investigation. The complaint alleged that on the verbal order of respondent Judge, respondent Clerk of Court delivered the firearm to him for ballistics examination, and months later, the Judge had the gun licensed in his name. Procedural History: Respondent Judge was not required to comment due to his retirement. Respondent Clerk of Court Carriedo claimed she should not be held liable as the gun was returned by respondent Judge to the Provincial Prosecutor's Office, submitting an acknowledgment receipt. An investigation by Deputy Court Administrator Bernardo Abesamis revealed the gun was licensed in respondent Judge's name in 1987. Although supposedly returned in July 1988, respondent Clerk of Court should have informed the Court of the misappropriation, especially after the Judge's retirement. DCA Abesamis recommended a fine of P5,000.00 against respondent Clerk of Court for infidelity in the custody of court exhibits. Court Administrator Alfredo L. Benipayo reduced the fine to P1,000.00, citing Art. 226 of the Revised Penal Code. The Petition: The Supreme Court reviewed the findings and recommendations.
Issue(s)
Whether respondent Clerk of Court Fely C. Carriedo is administratively liable for infidelity in the custody of court exhibits. What is the appropriate penalty for respondent Clerk of Court Carriedo.
Ruling
The Supreme Court affirmed the accountability of Clerk of Court Fely C. Carriedo and suspended her from office for one (1) month without pay, with a stern warning against repetition of similar offenses.
Ratio Decidendi
On the administrative liability of Clerk of Court Fely C. Carriedo: The Court affirmed the accountability of respondent Clerk of Court Fely C. Carriedo. Under Sec. 7, Rule 136, of the Rules of Court, it is her duty as Clerk of Court to safely keep all records, papers, files, exhibits, and public property committed to her charge. The Court found that it was due to her negligence, if not acquiescence, that respondent Judge was able to possess the firearm and have it licensed in his name. She should not have presumed that the taking of the gun by respondent Judge was for ballistics examination. The irregularities attached to the taking of the disputed firearm could not be considered rectified with the issuance by respondent Judge of a certification relieving her of her accountability. Respondent Clerk of Court should have been aware of the responsibilities of her office. The Court emphasized that Clerks of Court must be more vigilant in the custody and safekeeping of court exhibits, particularly firearms and other weapons, as their misappropriation can lead to the failure of prosecutors to bring criminals to justice and allow perpetrators to continue their nefarious activities. On the appropriate penalty for respondent Clerk of Court Carriedo: The Court did not sustain the reduced fine of P1,000.00. The Court clarified that since this is an administrative case, not a criminal one, it may impose a much higher fine than that fixed in Art. 226 of the Revised Penal Code, or suspend the respondent, or even dismiss her. Accordingly, instead of a fine, the Court resolved to suspend respondent Clerk of Court Fely C. Carriedo from office for a period of one (1) month without pay, to commence immediately upon service of the resolution, with a stern warning that a repetition of the same or similar act in the future will be dealt with more severely.
Main Doctrine
A Clerk of Court is accountable for the safekeeping of court exhibits, and negligence or acquiescence in the unlawful taking of such exhibits constitutes infidelity in the custody of court exhibits, rendering the Clerk of Court administratively liable.