A.M. No. P-13-3124, February 04, 2020
Office of the Court Administrator, Complainant, v. Atty. Jerry R. Toledo, then Branch Clerk of Court [now Clerk of Court V], and Menchie A. Barcelona, Clerk III, both of the Regional Trial Court, Branch 259, Parañaque City, Respondents.

FACTS

This administrative case arose from the loss of physical evidence—specifically, 960.20 grams of shabu from Criminal Case No. 01-1229 and 293.92 grams of shabu from Criminal Case No. 03-0408—from the custody of the Regional Trial Court, Branch 259, Parañaque City. Respondent Menchie A. Barcelona was the evidence custodian and clerk-in-charge for criminal cases, while respondent Atty. Jerry R. Toledo was the Branch Clerk of Court. On November 18, 2003, Barcelona notified Atty. Toledo that the shabu from Criminal Case No. 01-1229 was missing from the court’s steel cabinet. They informed Presiding Judge Zosimo V. Escano, who ordered a report. Atty. Toledo’s report dated November 24, 2003, confirmed the loss of the shabu from both criminal cases. Investigation revealed that stenographer Aren Esguerra received the evidence for Criminal Case No. 01-1229 and, upon Barcelona’s instruction, placed it under her computer table; Barcelona personally received and kept the evidence for Criminal Case No. 03-0408. The National Bureau of Investigation (NBI), after its own probe, recommended administrative and criminal charges against Barcelona and disciplinary action against Judge Escano and Atty. Toledo for supervisory inefficiency. The Office of the Court Administrator (OCA) treated the NBI report as a complaint for Gross Neglect of Duty. In their comments, Barcelona claimed she lacked training and could not recall receiving the first set of evidence, while Atty. Toledo defended his supervisory procedures. The case was referred to Executive Judge Raul E. De Leon for investigation, who found both respondents guilty of negligence. The OCA later recommended finding them guilty of simple neglect of duty with suspensions. However, the Court en banc elevated the offense.

ISSUE

Whether respondents Atty. Jerry R. Toledo and Menchie A. Barcelona are administratively liable for the loss of the court’s physical evidence (shabu), and if so, what is the proper penalty.

RULING

The Court found both respondents GUILTY of GROSS NEGLECT OF DUTY and imposed the penalty of DISMISSAL FROM THE SERVICE.
The Court emphasized the paramount duty of a Clerk of Court, under Section 7, Rule 136 of the Rules of Court and the 2002 Revised Manual for Clerks of Court, to safely keep all records, papers, files, exhibits, and public property committed to their charge. This duty includes ensuring the safekeeping of all physical evidence submitted to the court.
* As to Atty. Toledo: As Branch Clerk of Court, he had the primary responsibility for the safekeeping of all court exhibits. The Court found he miserably failed in this duty. He admitted there was no inventory of physical evidence, no logbook to track access, and he had no idea what evidence was stored in the steel cabinet. He delegated custodial duties to Barcelona without ensuring she was trained or competent, demonstrating a severe lack of supervision and systematic record management. His failure was compounded by the fact that Branch 259 was a special court for drugs cases, requiring heightened prudence. His prior administrative sanction for a different offense also showed a disregard for previous warnings from the Court.
* As to Barcelona: As the designated evidence custodian, she was directly responsible for the safekeeping of the exhibits. The Court found her explanations inconsistent and unreliable. She failed to conduct an inventory upon assuming custody and could not account for the missing evidence. Her claim of lack of training did not exonerate her from the basic responsibility of safeguarding court property in her possession.
The loss of over a kilogram of dangerous drugs, a serious matter that undermines public confidence in the judiciary, was a direct result of their collective gross negligence. Consequently, the Court imposed the supreme penalty of dismissal. Atty. Jerry R. Toledo and Menchie A. Barcelona were DISMISSED from service, with cancellation of civil service eligibility, forfeiture of retirement benefits (except accrued leave credits), and perpetual disqualification from reemployment in any government agency.