G.R. No.: A.M. No. P-11-3000 (formerly A.M. OCA I.P.I. No. 10-3524-P), November 29, 2011
Case Title: Arthur M. Gabon, Complainant, vs. Rebecca P. Merka, Clerk of Court II, Municipal Trial Court, Liloan, Southern Leyte, Respondent.

FACTS

Complainant Arthur M. Gabon charged respondent Rebecca P. Merka, Clerk of Court II, with Grave Misconduct for two sets of acts: (1) writing eight demand letters in 1993 on behalf of private parties (Saint Ignatius Loyola Credit Cooperative, Inc., Simeon C. Maamo, Jr., and Restituta Claridad) using the official letterhead of the Municipal Trial Court (MTC) of Liloan, Southern Leyte, and signing them in her official capacity; and (2) administering oaths in five affidavits and one “Kasabutan” (Agreement) in 1995 and 2000 that had no relation to her official duties. In her comment, the respondent admitted to using the court’s letterhead and signing the demand letters in her official capacity but claimed she acted in good faith to help declog court dockets. She asserted she was authorized to administer oaths and did not abuse the court’s franking privilege. She also argued the complaint was a harassment suit as the acts occurred 15 to 17 years prior. The Office of the Court Administrator (OCA) recommended finding her guilty of Simple Misconduct for the unauthorized use of the court’s letterhead and for administering oaths on non-official matters, recommending a one-month and one-day suspension, and a separate fine for violating Presidential Decree No. 26 on franking privilege.

ISSUE

Whether respondent Rebecca P. Merka is guilty of Grave Misconduct.

RULING

The Court found respondent Rebecca P. Merka GUILTY OF GRAVE MISCONDUCT. The Court modified the OCA’s findings, ruling that her acts constituted Grave Misconduct, not Simple Misconduct. The respondent’s use of the court’s official letterhead and her official designation in the demand letters constituted taking advantage of her office to advance private interests, acting as an unauthorized counsel and collection agent. Her administration of oaths on documents unrelated to official business violated the Revised Administrative Code and the Manual for Clerks of Court, which limit such ex-officio notarial powers to matters related to official functions. She also violated Presidential Decree No. 26 by misusing the franking privilege extended only to judges for official judicial communications. The Court held that her repeated abuse of authority demonstrated corruption, as she unlawfully used her station to procure benefits for others, and exhibited a flagrant disregard of established rules. Grave Misconduct is a serious offense punishable by dismissal for the first offense. Accordingly, the Court DISMISSED her from service with forfeiture of all benefits (except accrued leave credits) and with prejudice to reemployment in any government branch or instrumentality.