AM 93 9 249 CA; (September, 1994) (Digest)
G.R. No. A.M. No. 93-9-249-CA September 12, 1994
IN THE MATTER OF THE LOSS OF REGISTERED FOREIGN LETTER NO. 06876676 FROM AUSTRALIA, ADDRESSED TO MRS. MARIA CORONEL
FACTS
Mrs. Maria Coronel, a Court of Appeals employee, filed a complaint regarding her failure to receive a registered foreign letter containing a bank draft for P25,000. The letter, received by the Court of Appeals on February 26, 1991, was later discovered to have been encashed at a bank by an impostor using a fake passport. An investigation was conducted focusing on mailing section personnel. Dever Catindig, the authorized mail representative, was exonerated as records proved his absence on the date of receipt. Benigno Mapilisan admitted receiving the mail sack (Sack No. 6) containing the letter from the Central Post Office but denied opening it or taking the draft, claiming he lacked authority to break the seal.
ISSUE
Whether respondent Benigno Mapilisan is administratively liable for the loss of the registered mail and the encashed bank draft.
RULING
Yes, the Supreme Court found Mapilisan guilty of gross negligence and dishonesty warranting dismissal. The legal logic rests on the principle of responsibility and custody. By admitting receipt of the specific mail sack, Mapilisan assumed full responsibility for its security and contents. His failure to immediately turn over the sealed sack to his superior, knowing he was unauthorized to open it, constituted gross negligence in the performance of his duty. This failure breached the chain of custody.
The Court rejected his simple denial, emphasizing that to escape liability, he was bound to deliver the sack intact. His detention of the sack, coupled with the subsequent encashment of the draft, led the Court to the irresistible conclusion of his involvement in the dishonesty. The investigator’s recommended penalty of one-month suspension was deemed too light. The gravity of gross misconduct, especially by a court employee, justified the severe penalty of dismissal with forfeiture of all benefits and disqualification from future government service.