A.M. No. P-01-1503 & P-01-1511, January 27, 2004
Jessica A. Noynay-Arlos, Complainant, vs. Rodolfo Sel. Conag, Clerk of Court II, Municipal Trial Court, Palompon, Leyte, Respondent. [Consolidated with A.M. No. P-01-1511]

FACTS

Two consolidated administrative cases arose from reciprocal complaints between court personnel. In A.M. No. P-01-1511, Clerk of Court Rodolfo Sel. Conag charged Court Stenographer Jessica A. Noynay-Arlos with gross negligence, dishonesty, and falsification of her Daily Time Record (DTR) for August 1999. In A.M. No. P-01-1503, Noynay-Arlos countered with a complaint against Conag for gross negligence, abuse of authority, and misconduct. The parties later filed a Joint Affidavit of Desistance, seeking dismissal of the cases. The matter was referred for investigation, after which the investigating judge recommended dismissal based on the desistance.

ISSUE

Whether the parties’ affidavits of desistance warrant the dismissal of the administrative complaints against them.

RULING

No. The Supreme Court emphasized that desistance does not automatically result in dismissal, as administrative proceedings concern the breach of judicial norms and standards, not merely the interests of the complaining party. The Court’s duty to uphold public confidence in the judiciary requires investigating misconduct independently.
The Office of the Court Administrator (OCA) found sufficient evidence to hold both respondents liable. Noynay-Arlos violated Administrative Circular No. 24-90 by failing to submit required monthly certifications and transcripts of stenographic notes within the prescribed period, constituting dereliction of duty. Her claim of ignorance of the circular was untenable. She was also guilty of falsifying her DTR by indicating a uniform 8:00 AM arrival, contrary to logbook entries showing later arrivals, and by falsely stating sickness for absences when she was actually attending a barangay hearing.
Conag was found negligent in his duties as Clerk of Court. He failed to send subpoenas and court processes, causing hearing postponements and prompting judicial warnings. He also improperly notarized documents unrelated to his official functions, constituting abuse of his ex-officio authority. The Court stressed that a Clerk of Court is a vital officer who must act with competence and integrity to safeguard the administration of justice.
Accordingly, the Court imposed penalties: Conag was suspended for three months without pay and fined P5,000 for conduct grossly prejudicial to public interest and abuse of authority. Noynay-Arlos was suspended for two months without pay and fined P3,000 for falsification of official records and dereliction of duty. Both were sternly warned against repetition.