G.R. No. A.M. No. P-03-1691, September 18, 2003
Judge Jose S. Sañez, Complainant, vs. Carlos B. Rabina, Utility Worker, Regional Trial Court, Branch 13, Ligao City, Respondent.
FACTS
While encoding criminal docket records, Clerk of Court Juanita Padua Pontanal discovered that court utility worker Carlos B. Rabina was the accused in Criminal Case No. 2370 for Acts of Lasciviousness, filed in 1985 and archived, with an outstanding warrant of arrest dated December 3, 1985. The Clerk of Court reported this to Presiding Judge Jose S. Sañez, who forwarded the matter to the Office of the Court Administrator. Upon confrontation, Rabina readily admitted he was the same person charged in the criminal case.
Subsequent verification of Rabina’s 201 Files revealed that in his Personal Data Sheets dated September 20, 1989, April 11, 1990, and an undated one, he falsely declared that he did not have any pending administrative or criminal case. Required to explain the falsification, Rabina failed to submit any comment or responsive pleading despite directives from the Court.
ISSUE
Whether respondent Carlos B. Rabina is administratively liable for falsification and dishonesty for making untruthful statements in his Personal Data Sheets.
RULING
Yes, the respondent is guilty of falsification and dishonesty. The legal logic is anchored on the principle that making untruthful statements in a Personal Data Sheet constitutes falsification under Article 171 of the Revised Penal Code, as established in People vs. Uy. Furthermore, such an act constitutes dishonesty, a malevolent act with no place in the judiciary. Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, mandates justness and sincerity, requiring all personnel to refrain from acts contrary to law and public interest.
The Omnibus Rules Implementing the Administrative Code also bars the appointment of persons guilty of dishonesty. As a utility worker with access to court documents, Rabina is expected to uphold a modicum of honesty. His false declaration about a pending criminal case was a blatant disregard of the stringent standards of integrity, uprightness, and honesty demanded of every judiciary employee. Under Section 52, Rule IV of the Revised Uniform Rules on Administrative Cases in the Civil Service, both dishonesty and falsification of an official document are grave offenses punishable by dismissal. Consequently, respondent Carlos B. Rabina is DISMISSED from service with forfeiture of all benefits, excluding unused leave credits, and with prejudice to re-employment in any government agency.