AM 92 709; (June, 1993) (Digest)
A.M. No. P-92-709. June 14, 1993.
Executive Judge Roger A. Domagas vs. Delia Malana.
FACTS
Executive Judge Roger A. Domagas of the Regional Trial Court (RTC), Tuguegarao, Cagayan, reported via telegram his decision to suspend respondent Delia Malana, a stenographer of RTC Branch 3, for one year after she admitted committing acts of falsification of records in Administrative Cases Nos. 3242 and 3162. An investigation revealed that in Administrative Case No. 3242, originally entitled “In Re Petition for Issuance of new Certificate of Title in Lieu of Lost One” with Rufo Taguba as petitioner, respondent Malana altered the title to “Certificate of Title No. 1268, Catalina Maribbay, Petitioner” to make it appear that certain documents were issued for Maribbay’s petition instead of Taguba’s. These documents included: (1) an Order dated November 21, 1991, issued by Judge Domagas, to which Malana affixed the rubber stamp “ORIGINAL SIGNED” above the judge’s typewritten name without authority, creating the impression he signed it; and (2) a Certification dated December 6, 1991, bearing the forged signature of Clerk of Court Consuelo A. Rodriguez, stating the order was final and executory.
In Administrative Case No. 3162, originally entitled “In Re: Petition for the Issuance of Another Owner’s Copy of TCT Nos. T-54574, T-54575 and T-54372, Benigna Ballad, Petitioner,” respondent Malana similarly changed the title to “In Re: Petition for the Issuance of Another Owner’s Copy of TCT Nos. T-54574, T-54575 and T-54572, Benjamin Roca, Petitioner” to make it appear that documents were issued for Roca’s petition instead of Ballad’s. These included: (1) an Order of January 22, 1991, issued by Judge Domagas, where Malana again affixed the “ORIGINAL SIGNED” stamp without authority; and (2) a Certification of February 5, 1991, with a falsified signature of Tita N. Narag, stating the order was final and executory.
The Supreme Court, in a Resolution dated July 15, 1992, required respondent Malana to explain why she should not be held administratively liable and placed her under preventive suspension for ninety (90) days. In her letter of September 16, 1992, Malana claimed that petitioners Maribbay and Roca never informed her the lost titles were sold or mortgaged, and she believed the titles were clean. The Office of the Court Administrator, in a memorandum dated April 13, 1993, found her explanation unsatisfactory and inconsistent, noting her admission of culpability violated public trust and suppressed the truth, citing Caubang v. People (210 SCRA 377) on falsification of public documents as a violation of public faith.
ISSUE
Whether respondent Delia Malana should be held administratively liable for falsification of public documents.
RULING
Yes. The Supreme Court, after thorough study, found that respondent Malana positively committed the acts of falsification as specified. She admitted these acts before Executive Judge Domagas and failed to provide a satisfactory explanation to exonerate herself. The Court adopted the recommendation of the Office of the Court Administrator, emphasizing that falsification of public documents violates public faith and destroys truth. Accordingly, respondent Delia Lasam Malana is DISMISSED from the service, with prejudice to re-employment in any government branch or agency, including government-owned and controlled corporations. All retirement benefits are forfeited, except the monetary value of her leave credits, if any.
