Sto. Tomas v. Galvez

A.M. No. MTJ-01-1385 · 2019-03-19 · J. CURIAM, J.: · Primary: Ethics; Secondary: Remedial Law
REITERATION

Facts

The Antecedents: These consolidated administrative cases arose from multiple complaints. Initially, A.M. No. 01-4-133-MTC imputed neglect of duty to several clerks of court, including Eugenio Sto. Tomas (Sto. Tomas), for failing to submit reports of monthly collections for judiciary funds as required by Presidential Decree No. 1445 and SC Circular No. 32-93. This led to an audit and Sto. Tomas' suspension. Subsequently, Sto. Tomas filed a complaint against Judge Zenaida L. Galvez (Judge Galvez), leading to her preventive suspension and the docketing of A.M. No. MTJ-01-1385. Further audits in A.M. No. MTJ-03-1472 revealed extensive failures by both Judge Galvez and Sto. Tomas in managing cases and court finances. A separate complaint, A.M. No. P-17-3704, was filed by Victoria Benigno against Sto. Tomas for alleged gross misconduct involving facilitation fees and misappropriation of bail money, though Benigno failed to substantiate her claims. Procedural History: Following the initial audit and suspension in A.M. No. 01-4-133-MTC, Sto. Tomas filed a motion to implead Judge Galvez, resulting in the docketing of A.M. No. MTJ-01-1385. Audits conducted by the Office of the Court Administrator (OCA) in A.M. No. MTJ-03-1472 uncovered significant delays in decisions and resolutions by Judge Galvez, and numerous irregularities in case handling, financial transactions, and remittances by Sto. Tomas, including shortages in various court funds. The OCA filed a formal complaint against both. Despite directives, other court personnel, including Judge Alden V. Cervantes, Elvira B. Manlegro, and Amelia D. Teñido, failed to comply with orders for physical inventory and report submission, leading to their suspension and subsequent fines for undue delay. In A.M. No. P-17-3704, an investigation was conducted, and a report recommended dismissal for Sto. Tomas and a finding of simple negligence for Judge Galvez. The OCA adopted these findings, recommending sanctions for both, including dismissal for Sto. Tomas and a fine for Judge Galvez. The three cases were consolidated. A hold departure order was issued against Sto. Tomas. The Petition: The sole issue presented for the Court's resolution is whether Judge Galvez and Sto. Tomas should be held administratively liable. The Court agrees and adopts the findings and recommendation of the OCA. The record shows that Sto. Tomas started as a clerk-stenographer of the MTC of Cabuyao, Laguna in 1965, and later became the Clerk of Court until the term of Judge Galvez who was appointed as the Presiding Judge in 1996. Subsequently, Judge Galvez was designated as Acting Presiding Judge of the MTC of Biñan and Sta. Rosa, Laguna on August 1998 and October 1998, respectively. Given the situation, Sto. Tomas enjoyed the complete control and management of the business affairs of MTC, Cabuyao in his capacity as Clerk of Court and custodian of court records. He took advantage of the busy schedule of Judge Galvez and reveled in the unsuspected and complete trust and confidence of the latter. There is no question with respect to the guilt of Sto. Tomas. It is apparent from the results of the audit that Sto. Tomas has a poor system of recording both the financial transactions and the case records of the court. The audit teams found that the records of cases were in complete disarray. There was no systematic filing in that cases of archive status were mixed up with cases already decided and dismissed. The audit teams also discovered the various shortages in remittances of funds in different periods, manipulations of entries in ledgers, mixing of receipts, loss of booklets of official receipts, and various irregularities in the handling of finances of the court including unauthorized issuance of provisional or handwritten receipts. Clearly, Sto. Tomas had been careless and imprudent in discharging his duties. His failure to manage and properly document the cash collections allocated for the various court funds, as well as his action of misappropriating them for his personal use, demonstrated a serious corruption on his integrity. His cavalier attitude disregards the duty of every employee in the judiciary to obey the orders and processes of this Court without delay. He proved himself to be untrustworthy in every aspect of his task and responsibility. The anomalies in the handling of cash collections and other judiciary funds discovered in the MTC of Cabuyao, Laguna did not exist at all in both the MTC of Santa Rosa and Biñan where Judge Galvez was concurrently the Acting Presiding Judge. With regard to Judge Galvez, who failed to negate the findings regarding her inaction on numerous cases as listed by the audit team, the records are bereft of any showing that she requested for extensions of the period within which she can decide or resolve the aforesaid cases and incidents, or that she gave any credible explanation for the delay in their disposition. Hence, the OCA correctly found Judge Galvez administratively liable for undue delay in rendering a decision or order. Considering that Judge Galvez had already resigned from the judiciary in 2001, a fine of P20,000.00 is deemed to be reasonable. As to Teñido and Manlegro, since they have already complied with the Court's resolution of paying the fine of P1,000.00, the case against them should be considered closed and terminated; and their withheld salaries and allowances should be released. Dishonesty is a malevolent conduct that has no place in the judiciary. The Court has repeatedly warned that dishonesty, particularly that which amounts to malversation of public funds, will not be countenanced. Otherwise, courts of justice may come to be regarded as mere havens of thievery and corruption. This is the reason why the Court has emphasized countless times that all persons working in the judiciary, from the presiding judge to the lowliest clerk, are tasked with a heavy burden of responsibility. Their conduct must at all times be characterized by propriety and decorum, and above all beyond suspicion. The Institution demands the best possible individuals in the service and it has never and will never tolerate nor condone any conduct which would violate the norms of public accountability, and diminish, or even tend to diminish, the faith of the people in the justice system. For respondent's transgressions and numerous violations of the Court's administrative circulars, the 2002 Revised Manual for Clerks of Courts and the Code of Conduct for Court Personnel, the Court is left with no other recourse but to recommend his dismissal from the service, pursuant to Section 52, A(1)(3), Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service.

Issue(s)

Whether Judge Zenaida L. Galvez should be held administratively liable for undue delay in rendering decisions or orders and for her alleged failure to supervise her Clerk of Court. Whether Eugenio Sto. Tomas should be held administratively liable for dishonesty, grave misconduct, and gross neglect of duty concerning the handling of court funds and records. Whether Victoria Benigno's complaint against Eugenio Sto. Tomas for gross misconduct warrants administrative sanctions.

Ruling

The Court found Eugenio Sto. Tomas GUILTY of serious dishonesty, grave misconduct, and gross neglect of duty and ordered his DISMISSAL from the service with forfeiture of all retirement benefits, excluding accrued leave credits, and with prejudice to re-employment in the government. Judge Zenaida L. Galvez was found GUILTY of undue delay in rendering decisions or orders and was FINED Twenty Thousand Pesos (P20,000.00) to be deducted from her accrued leave credits. The case against Amelia D. Teñido and Elvira B. Manlegro was considered closed and terminated upon their compliance with the imposed fine. The complaint filed by Victoria Benigno against Sto. Tomas was not explicitly ruled upon in the dispositive portion, but the findings of dishonesty and misconduct against Sto. Tomas encompassed the nature of the allegations.

Ratio Decidendi

On the administrative liability of Judge Zenaida L. Galvez: The Court found Judge Galvez guilty of undue delay in rendering decisions or orders. The audit team's report detailed her failure to decide numerous criminal and civil cases, resolve motions, and take action on preliminary investigations within the reglementary periods. The records did not show any requests for extensions or credible explanations for these delays. While the OCA recommended sanctions for her failure to effectively supervise Sto. Tomas, the Court focused its finding on the undue delay in her judicial functions. Considering her resignation from the judiciary in 2001, a fine of P20,000.00 was deemed reasonable. On the administrative liability of Eugenio Sto. Tomas: The Court found Sto. Tomas guilty beyond reasonable doubt of serious dishonesty, grave misconduct, and gross neglect of duty. The audit reports clearly established his poor system of recording financial transactions and case records, leading to their disarray. He was found to have manipulated entries, mixed receipts, lost official receipt booklets, and committed various irregularities in handling court finances, including unauthorized issuance of provisional receipts. Furthermore, shortages in various court funds were discovered, spanning multiple periods. Sto. Tomas's attempt to shift blame to Judge Galvez was rejected, as the audit revealed that the mismanagement and embezzlement began long before Judge Galvez's appointment and continued for years, with Sto. Tomas failing to submit financial reports despite repeated directives. His actions demonstrated a serious corruption of integrity and a disregard for judicial duties, justifying his dismissal from service. On the complaint of Victoria Benigno: Although Ms. Benigno failed to appear and adduce evidence to substantiate her accusations of gross misconduct against Sto. Tomas, the Court's findings regarding Sto. Tomas's pervasive dishonesty, conversion, and manipulation of judiciary funds and court records, as established by the audit reports, encompassed the nature of the allegations. The extensive evidence of Sto. Tomas's malfeasance in handling court funds and records, which led to his dismissal, implicitly addressed the substance of Benigno's complaint, even if her specific claims were not independently proven due to her failure to present evidence.

Main Doctrine

Clerks of Court are strictly accountable for the proper management and safekeeping of judiciary funds and court records. Any failure to comply with directives for timely deposit, reporting, and proper documentation, or any act of misappropriation, constitutes dishonesty, grave misconduct, and gross neglect of duty, punishable by dismissal from the service with forfeiture of benefits. Judges also have a duty to supervise their Clerks of Court, and failure to act on cases within reglementary periods constitutes undue delay in rendering decisions or orders.

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