AM P 08 2506; (August, 2008) (Digest)
A.M. No. P-08-2506. August 12, 2008.
Manuel Calumba, complainant, vs. Bobby T. Yap, Utility Worker, Municipal Trial Court, Guihulngan, Negros Oriental, respondent.
FACTS
The Office of the Court Administrator received a complaint charging respondent Bobby T. Yap, a Utility Worker, with Conduct Unbecoming a Court Personnel and Dishonesty. The complainant alleged that Yap had been previously charged with two counts of theft. Records from the Municipal Circuit Trial Court confirmed that on August 25, 1965, Yap was found guilty of theft in Criminal Case No. 1492 and sentenced to 25 days imprisonment. In his defense, Yap claimed the complaint was retaliatory, filed in response to charges he had lodged against the complainant. He argued the theft cases were from 1965 when he was 18, and he believed both had been dismissed, only learning of the conviction upon the filing of this administrative case.
ISSUE
Whether respondent Bobby T. Yap is administratively liable for dishonesty and falsification of an official document for failing to disclose his prior criminal conviction in his Personal Data Sheet.
RULING
Yes, the respondent is guilty as charged. The Supreme Court adopted the findings and recommendation of the Office of the Court Administrator. The Court emphasized that all court personnel must adhere to the highest standards of honesty and integrity, as their conduct directly reflects upon the judiciary’s integrity. The respondent’s 1965 conviction for theft is a material fact that should have been disclosed in his Personal Data Sheet upon entering the judiciary in 1986. His claim of ignorance regarding the conviction and his assertion that the offense occurred in his youth are unavailing. The passage of time does not absolve him of the duty to provide truthful information on official documents, nor does it erase the fact of the conviction.
By knowingly withholding this information, Yap obtained employment under false pretenses, committing dishonesty and falsification of an official document. Under Section 52(A)(1) and (6) of the Revised Uniform Rules on Administrative Cases in the Civil Service, these are grave offenses punishable by dismissal. Consequently, the Court dismissed Bobby T. Yap from service with forfeiture of all retirement benefits (except accrued leave credits) and with prejudice to re-employment in any government branch or instrumentality. The decision was declared immediately executory.