G.R. No.: A.M. No. P-13-3126, February 4, 2014 (Formerly A.M. OCA IPI No. 09-3273-P)
Case Parties: VERONICA F. GALINDEZ, Complainant, vs. ZOSIMA SUSBILLA-DE VERA, Respondent.

FACTS

Complainant Veronica F. Galindez, a school batchmate of respondent Zosima Susbilla-De Vera, a Court Stenographer of the Regional Trial Court, Branch 72, Olongapo City, approached the respondent in July 2008 to inquire about filing a petition for adoption. Respondent volunteered to handle the process, falsely represented that no prior adoption petition for the intended children existed, and boasted she could facilitate it within three months without the need for complainant to hire a lawyer, for a total cost of ₱130,000.00, with half as down payment. Complainant paid a total of ₱65,000.00 in installments (₱20,000.00, ₱30,000.00, and ₱15,000.00) and received a receipt. Respondent later avoided introducing the alleged lawyer and brought complainant to check a court logbook. Complainant later discovered from a law office that the adoption had already been completed by her brother. Upon demanding a refund, respondent claimed the money had been given to the lawyer and promised reimbursement in installments, which never materialized. The Office of the Court Administrator (OCA) directed respondent to comment on the complaint, but she repeatedly failed to comply despite several directives and a show-cause order from the Court.

ISSUE

Whether respondent Court Stenographer Zosima Susbilla-De Vera is administratively liable for Grave Misconduct and for disrespect and indifference to the Court’s directives.

RULING

Yes, the respondent is guilty of Grave Misconduct and is dismissed from the service. The Court found the OCA’s findings substantiated. Respondent violated the constitutional principle that a public office is a public trust and specific provisions of the Code of Conduct for Court Personnel by using her official position to solicit money (₱65,000.00) under false pretenses, committing an act of corruption. She defrauded the complainant by misrepresenting her ability to influence judicial proceedings and by giving false information about the status of an adoption case. Her actions demonstrated corruption, a clear intent to violate the law, and a flagrant disregard of established rules, constituting Grave Misconduct. Her repeated failure to comply with the OCA’s and the Court’s directives compounded her liability. Grave Misconduct is a grave offense punishable by dismissal under the Revised Uniform Rules on Administrative Cases in the Civil Service.
DISPOSITIVE:
1. Respondent ZOSIMA SUSBILLA-DE VERA is found guilty of GRAVE MISCONDUCT and is DISMISSED from service effective immediately, with prejudice to re-employment in any government branch or instrumentality, including government-owned or -controlled corporations, and with forfeiture of all retirement benefits except accrued leave credits.
2. The Employees Leave Division, Office of the Administrative Services, is directed to compute her accrued leave credits.
3. Respondent is ORDERED to return ₱65,000.00 to complainant Veronica F. Galindez.