A.M. No. P-17-3773, October 1, 2019
First Great Ventures Loans, Inc., represented by Dr. Agnes M. Espiritu, Complainant, v. Process Server Robert A. Mercado, Office of the Clerk of Court, Municipal Trial Court in Cities, Angeles City, Pampanga, Respondent.

FACTS

The complainant, First Great Ventures Loans, Inc., through its president Dr. Agnes Espiritu, charged respondent Process Server Robert A. Mercado with Grave Misconduct. Mercado, assigned to the Office of the Clerk of Court of the Municipal Trial Court in Cities (MTCC) in Angeles City, misrepresented himself as a Sheriff of the Regional Trial Court (RTC) in Angeles City. He collected money from the complainant’s delinquent clients, Chito Valencia and Gina Vallejo, without the complainant’s knowledge or consent, and failed to remit the collected sums. Valencia testified that Mercado collected ₱15,000.00 and ₱3,500.00 from him, issuing acknowledgment receipts. Vallejo testified that Mercado collected ₱10,000.00, ₱7,000.00, ₱8,000.00, and ₱8,500.00 from her, also issuing handwritten acknowledgment receipts where he signed as “Sheriff.” Mercado admitted collecting from Vallejo and issuing receipts but claimed he remitted all collections to Jouel Aleno, the complainant’s former manager (now deceased), and that he only received gasoline allowances and free meals for assisting Aleno. The Investigating Judge found that Mercado misrepresented his position, abused his authority as a court employee, and acted as a collecting agent for private interests.

ISSUE

Whether respondent Process Server Robert A. Mercado is guilty of Grave Misconduct warranting dismissal from service.

RULING

Yes, the Supreme Court found respondent GUILTY of GRAVE MISCONDUCT and DISMISSED him from service with forfeiture of all benefits (except accrued leave credits) and with prejudice to re-employment in any government branch or instrumentality. The Court emphasized that all judiciary personnel must uphold the highest standards of integrity, honesty, and propriety. Mercado’s actions—misrepresenting himself as a sheriff, using his position to collect debts for private gain, and issuing receipts in his capacity as a purported sheriff—constituted Grave Misconduct. This offense involves corruption, willful intent to violate the law, or flagrant disregard of established rules. Despite Mercado’s 20 years of service and lack of prior administrative cases, the gravity of his offense, which exploited his public office for financial gain and tarnished the judiciary’s reputation, warranted dismissal. The Court held that such conduct undermines public trust in the justice system and cannot be tolerated.