A.M. No. P-19-4024, December 3, 2019
Joselito S. Fontilla, Complainant, vs. Jaime S. Alcantara, Clerk of Court, Municipal Trial Court, Midsayap, Cotabato, Respondent.

FACTS

Complainant Joselito S. Fontilla charged respondent Jaime S. Alcantara, Clerk of Court of the Municipal Trial Court (MTC) of Midsayap, Cotabato, with dishonesty and falsification of a public document in connection with his appointment. Fontilla inquired with the Commission on Higher Education (CHED), CARAGA Region, which revealed that Alcantara was never enrolled at nor graduated from Southwestern Agusan Colleges, and that the school was never granted a program for a Bachelor of Arts, Major in English. CHED confirmed that its records did not show that Alcantara was granted Special Order No. (B) (R-X) 121-0152, Series of 1997, and he could not have obtained the stated degree on March 28, 1996.
In his defense, Alcantara claimed 21 years of service in the judiciary and stated he enrolled at Southwestern Agusan Colleges through a distant learning arrangement from 1990-1996, graduating with a Bachelor of Arts, Major in English. He submitted a certification and affidavit from the school president stating he graduated but his name was inadvertently omitted from the master list of graduates submitted to CHED. He attributed the complaint to Fontilla’s malice, as Fontilla had been dropped from the rolls for absence without official leave (AWOL).
Executive Judge Lily Lydia A. Laquindanum conducted an investigation. Interviews with the school president, Claro G. Cortez, revealed Alcantara was enrolled under a special distant learning arrangement but his name was not included in the list of graduates submitted to CHED for a special order. Cortez suggested Alcantara might cross-enroll elsewhere to obtain a special order, as the college had closed in 2003. Alcantara could only present two official receipts as proof of enrollment, claiming other documents were lost.
During a formal investigation, CHED Assistant Regional Director Dr. Anastacio P. Martinez testified that a graduating student is not considered a graduate unless issued a special order by CHED. He confirmed Alcantara’s name was not in the school’s enrollment list, promotional report, or the special order issued. He noted an irregularity in Alcantara’s Transcript of Records (TOR), where the remark “graduated” appeared after “TOR Closed.” The registrar of Notre Dame of Midsayap College testified that Alcantara was enrolled there but subjects taken were not credited to any degree. A Civil Service Commission personnel specialist confirmed Alcantara’s civil service eligibility was based on the questioned TOR and diploma.

ISSUE

Whether respondent Jaime S. Alcantara is guilty of serious dishonesty and falsification of a public document for misrepresenting his educational attainment to secure his appointment as Clerk of Court.

RULING

Yes. The Supreme Court found respondent Jaime S. Alcantara GUILTY of serious dishonesty and falsification of a public document. The defense evidence, primarily the school certification and affidavit, was insufficient and unreliable, especially against the official records and testimony from CHED which established that Alcantara was not a recognized graduate. His submission of a falsified TOR and diploma to the Civil Service Commission and his office constituted dishonesty and falsification. These are grave offenses that undermine the integrity of the judicial service. The Court imposed the penalty of DISMISSAL from the service with FORFEITURE of all retirement benefits (except accrued leave credits from September 1, 1986 to August 10, 2005) and perpetual disqualification from holding public office. The Office of the Court Administrator was directed to file appropriate criminal charges. The Decision is immediately executory.