G.R. No.: A.M. No. P-91-660
Date: August 7, 1992

Case Parties: Unknown Municipal Councilor of Sto. Domingo, Nueva Ecija, complainant, vs. Mario V. Alomia, Jr., respondent.

FACTS

An anonymous letter-complaint dated August 23, 1991, addressed to the Supreme Court, accused respondent Mario V. Alomia, Jr., Clerk of Court of the Municipal Trial Court (MTC) of Sto. Domingo, Nueva Ecija, of: 1) failure to submit monthly collection reports; 2) pocketing collections for his own use; 3) collecting P50.00 for a simple order of dismissal of a criminal case; and 4) infidelity in the custody of court exhibits, particularly missing handguns. The complaint also prayed for an investigation and audit of the MTC. Deputy Court Administrator Reynaldo Suarez referred the matter to Judge Efren B. Mallare, the Presiding Judge of the MTC, for investigation. Respondent filed a verified answer denying the allegations, claiming he had submitted collection reports and remitted amounts collected as of July 1991, that all exhibits including handguns were in the court’s steel cabinet, and that the accusation of collecting money for dismissals was baseless. After an investigation, Judge Mallare submitted a report establishing that: respondent remitted eight months of collections only on August 27, 1991, in violation of the Supreme Court circular requiring remittance within ten days after the end of the month, and admitted spending some collections but later reimbursing them; four firearms which were court exhibits were missing, and respondent later produced one and revealed the whereabouts of others via an affidavit; money exhibits from illegal gambling cases were spent by respondent for typewriter repairs or were missing/deposited with the municipal treasurer; respondent issued original copies of official receipts to himself, submitting only duplicates to the Supreme Court; he received civil cases without requiring payment of filing fees on the date of filing and received filing fees without the corresponding complaint being filed; and a carpeta (case folder) for a civil case was missing after he admitted returning it to counsel. Judge Mallare also indicated possible conspiracy involving former court personnel but submitted the matter to the Supreme Court’s discretion. The Office of the Court Administrator recommended ratifying Judge Mallare’s findings and dismissing respondent from service.

ISSUE

Whether respondent Mario V. Alomia, Jr., as Clerk of Court, committed acts of misconduct, misfeasance, or malfeasance warranting dismissal from service.

RULING

Yes. The Supreme Court, agreeing with the Office of the Court Administrator, DISMISSED respondent Mario V. Alomia, Jr. from service with forfeiture of all retirement benefits and with prejudice to re-employment in any government agency, including government-owned or controlled corporations. The Court held that misconduct warranting removal must have a direct relation to official duties, amounting to maladministration or willful neglect. As Clerk of Court, respondent was required under the Rules of Court to safely keep all records and public property committed to his custody. The investigation revealed he was negligent and failed to perform his duties with utmost dedication and honesty. Specifically, he failed to: safely keep court exhibits (firearms and ammunition went missing); submit Monthly Collection Reports on time; properly account for and remit court collections (spending some for unauthorized purposes); properly handle filing fees and case records; and maintain duplicate copies of past reports. The Court emphasized that the conduct of court personnel must be above suspicion and characterized by propriety, and that dishonesty, inefficiency, and conduct prejudicial to the service are grounds for dismissal under the Civil Service Law (P.D. No. 807).