G.R. No.: A.M. No. P-10-2767 (Formerly AM OCA IPI 08-2905-P)
Date: April 12, 2011

Case Parties/Title: ANTONIO EXEQUIEL A. MOMONGAN, Complainant, vs. PRIMITIVO A. SUMAYO, Clerk III and ARIEL A. MOMONGAN, Process Server, Respondents.

FACTS

1. Primitivo A. Sumayo, Clerk III of Branch 10 of the Regional Trial Court (RTC) of Cebu City, was charged with Gross Dishonesty and Falsification of Public Document via a letter-complaint dated October 11, 2007 from Antonio Exequiel A. Momongan, forwarded by RTC Judge Gabriel T. Ingles. An undated anonymous letter also made similar charges.
2. The complaint alleged that Sumayo forged his civil service eligibility by having someone else take the examination in his stead and that he lacked one accounting subject, thus falsely claiming to be a college graduate.
3. Sumayo defended himself by stating that he majored in banking and finance, had satisfied the required accounting units, and was allowed by the University of Visayas to receive his diploma despite dropping one subject. He further argued that any deficiency was cured by his satisfactory performance ratings and that his civil service eligibility was “checked and ratified” by the Civil Service Commission (CSC).
4. The Office of the Court Administrator (OCA) requested a certification from the University of Visayas, which showed Sumayo had two incomplete grades but received no response. The case was referred to the Executive Judge of RTC Cebu for investigation.
5. During the investigation on November 22, 2010, Judge Meinardo P. Paredes directed Sumayo to submit within 15 days certified true copies of: (1) his Certificate of Eligibility from the CSC, (2) his Personal Data Sheet (PDS), and (3) his Certificate of Graduation from the University of Visayas.
6. Sumayo failed to submit the required documents. Instead, he filed a Manifestation arguing that the burden of proof lay with the complainant. The investigating judge noted that Sumayo ultimately admitted during the hearing that he did not have a college diploma and did not graduate.

ISSUE

Whether respondent Primitivo A. Sumayo is guilty of Gross Dishonesty and Falsification of Public Document for misrepresenting his educational attainment and civil service eligibility in his appointment to a permanent position in the judiciary.

RULING

The Supreme Court found respondent Primitivo A. Sumayo GUILTY of gross dishonesty and falsification of public records and DISMISSED him from the service effective immediately, with forfeiture of all retirement benefits except accrued leaves, and with prejudice to re-employment in any government agency or corporation.
The Court ruled that:
1. Sumayo’s failure to present documentary proof of his civil service eligibility and college graduation, despite the opportunity and directive to do so, led to the conclusion that he was neither a college graduate nor a civil service eligible, contrary to his representations.
2. His misrepresentation regarding his qualifications constitutes dishonesty, defined as intentionally making a false statement on a material fact to secure appointment. This is a grave offense under Section 52, Rule XIV of the Omnibus Rules Implementing the Administrative Code, punishable by dismissal even for a first offense.
3. The Court emphasized that dishonesty reflects moral decay and has no place in the judiciary, which demands the highest standards of moral righteousness from its personnel.
4. Sumayo’s claim that his satisfactory performance ratings cured any deficiency was rejected. The core issue was his fitness for a sensitive judicial post, and his long service could not mitigate the gravity of the offense of dishonesty.
5. The complaint against co-respondent Ariel A. Momongan, Process Server, was dismissed as the position did not require civil service eligibility.
The decision was rendered Per Curiam by the Court En Banc.