AM P 05 2100; (December, 2007) (Digest)
A.M. No. P-05-2100. December 27, 2007. A VERY CONCERNED EMPLOYEE AND CITIZEN, Complainant, vs. LOURDES S. DE MATEO, CLERK III, MUNICIPAL TRIAL COURT IN CITIES, KORONADAL CITY, SOUTH COTABATO, Respondent.
FACTS
Anonymous complaints charged respondent Lourdes S. de Mateo, Clerk III of the MTCC-Koronadal City, with falsification of her Daily Time Records (DTRs) to conceal habitual tardiness and absences, and with grave misconduct for involvement in “fixing” activities. Specifically, she was accused of conspiring with known fixers to process an anomalous property bail bond in the Marbel Fit Mart, Inc. case, which involved falsified tax declarations and certificates. Respondent denied all charges, attributing them to ill will.
Upon order of the Supreme Court, an investigation was conducted by RTC Judge Oscar E. Dinopol, who found respondent liable for grave misconduct and falsification. He recommended dismissal from service for the DTR falsification and a one-year suspension for participation in the bail bond falsification. The Office of the Court Administrator (OCA), after review, found substantial evidence supporting both charges.
ISSUE
Whether respondent Lourdes S. de Mateo is administratively liable for Dishonesty and Grave Misconduct.
RULING
Yes, respondent is guilty of Dishonesty and Grave Misconduct and is dismissed from service. The Court affirmed the OCA’s findings. Regarding the DTR falsification, the Head Guard’s discreet log, kept upon instruction of the Executive Judge, reliably showed discrepancies with respondent’s entries, proving she falsified her attendance for October 11-25, 1999. The defense that her DTR was certified by the Presiding Judge was unavailing, as certification is the duty of the Clerk of Court, not the Judge.
Concerning the bail bond anomaly, the sworn statement of Lydia Jayme and falsified documents, including tax declarations and a handwritten note from respondent urging a fixer to expedite processing, constituted clear and convincing evidence of her participation. As a Clerk III with duties to docket complaints and record warrants, her involvement in preparing falsified bail documents constitutes grave misconduct that severely undermines the integrity of the judiciary. Dishonesty and grave misconduct are grave offenses punishable by dismissal, even for a first offense, as they reflect a character unfit for public service. The penalty imposed is dismissal with forfeiture of all benefits (except accrued leave credits) and perpetual disqualification from reemployment in any government agency.