Ong v. Basiya-Saratan
REITERATIONFacts
The Antecedents: Complainant Mariano T. Ong charged respondent Eva G. Basiya-Saratan, Clerk of Court of the Regional Trial Court (RTC) of Iloilo City, Branch 32, with inefficiency and/or negligence for repeatedly failing to issue Alias Writs of Execution for almost three (3) years from the time she was first directed to do so by the RTC in an Order dated September 26, 2008. The judgment in Civil Case No. 18978, in which the complainant was a defendant/judgment obligee, was for ₱800,000.00. Despite subsequent directives from the RTC on November 26, 2010, and January 14, 2011, to issue the Alias Writ of Execution and its implementation, respondent failed to comply. The complainant received an unsigned and uncertified copy of an Alias Amended Writ of Execution dated June 7, 2007, which was not addressed to the deputized sheriff. Even after an Amended Order dated August 15, 2011, enjoining respondent to issue a certified true copy, no action was taken by respondent. Procedural History: The Office of the Court Administrator (OCA) required respondent to file a comment, which she failed to submit. The OCA found respondent remiss in her duties, violating Section 1, Canon IV of the Code of Conduct for Court Personnel, and noted a previous reprimand and warning for similar failures. The OCA recommended suspension for six (6) months and one (1) day without pay. The Petition: The case was elevated to the Supreme Court for resolution on the issue of whether the recommended penalty should be imposed.
Issue(s)
Whether respondent should be imposed the penalty as recommended by the OCA for her repeated failure to issue the corresponding alias writs of execution despite directives from the RTC.
Ruling
The Court finds the recommendation of the OCA to be well-taken and finds respondent Atty. Eva G. Basiya-Saratan GUILTY of refusal to perform official duty. Accordingly, she is SUSPENDED from office for six (6) months and one (1) day without pay, effective immediately upon receipt of the resolution. She is sternly warned that a commission of the same or similar offense in the future will be dealt with more severely.
Ratio Decidendi
On the Issue of Refusal to Perform Official Duty: Section 1, Canon IV of the Code of Conduct for Court Personnel mandates that court personnel perform their official duties properly and with diligence at all times. Clerks of Court are specifically responsible for the speedy and efficient service of all court processes and writs, including keeping records, issuing processes, entering judgments, and providing certified copies. The respondent, as Clerk of Court, unjustifiably failed to issue the alias writs of execution necessary to implement the judgment in Civil Case No. 18978, despite multiple explicit orders from the RTC. This failure persisted over an extended period, indicating a clear dereliction of duty. Furthermore, the respondent's failure to file the required comment on the administrative complaint demonstrates a disregard for the duty of every judiciary employee to obey the orders and processes of the Court without delay. Such inaction can be construed as an implied admission of the charges leveled against her, showing a lack of interest in clearing her name. Consequently, the Court classified her conduct as refusal to perform official duty, which is a grave offense under Section 52(A)(18) of the Revised Uniform Rules on Administrative Cases in the Civil Service. This offense carries a penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and dismissal for the second offense. Given the circumstances and the respondent's prior reprimand for similar acts, the recommended penalty of suspension for six (6) months and one (1) day without pay is deemed appropriate and well-taken by the Court.
Main Doctrine
A Clerk of Court is duty-bound to perform official duties with diligence and efficiency, and failure to issue writs of execution despite court directives, coupled with failure to file a required comment, constitutes refusal to perform official duty, a grave offense punishable by suspension.