G.R. No. A.M. No. P-21-026 (Formerly OCA IPI No. 11-3659-P). November 09, 2021
Reynaldo M. Ngo, Complainant, vs. Atty. Renato E. Frades, Respondent.

FACTS

Complainant Reynaldo M. Ngo charged respondent Atty. Renato E. Frades, Clerk of Court of the RTC of Gapan City, Nueva Ecija, with Falsification and violation of Section 5(a) of RA 6713. The complaint arose from an unlawful detainer case (Civil Case No. 5123-08) filed by Ngo and his brother against spouses Dominador and Guillerma Anatalio. After the Ngos won in the MTCC, the spouses appealed to the RTC (Civil Case No. 3624-09). In their Memorandum of Appeal, the spouses attached a photocopy of a “Bilihan ng Lupa” document bearing a stamp mark “certification of true/photocopy” signed by respondent Frades in his official capacity. Ngo alleged this certification was false, as the Office of the Clerk of Court did not have the original or any copy of the document in its custody, nor the notarial register of the purported notary. Furthermore, Ngo asserted that Frades demanded and received P30,000.00 from him for demolition expenses related to the execution of the RTC decision, but the defendants voluntarily demolished their houses, and no liquidation report was rendered. In his defense, Frades claimed he certified the document after the case record was referred to him due to the absence of a Branch Clerk of Court, and that the P30,000.00 was given to defendant Dominador Anatalio for voluntary demolition. The investigating judge found Frades’ justifications untenable, noting that the RTC pairing judge denied referring the document for certification and that an Officer-in-Charge was performing administrative functions for the branch. The investigation concluded Frades committed falsification by certifying a document not in his custody, engaged in unauthorized negotiation and receipt of demolition funds without court approval, and failed to liquidate the amount.

ISSUE

Whether respondent Atty. Renato E. Frades is administratively liable for his actions.

RULING

Yes, the Supreme Court found respondent Atty. Renato E. Frades GUILTY of Gross Misconduct, Gross Neglect of Duty, and Dishonesty. The Court upheld the findings of the investigating judge. By falsely certifying a “Bilihan ng Lupa” document as a true copy despite it not being in the custody of his office, Frades committed dishonesty and falsification. His act of soliciting and receiving P30,000.00 for demolition expenses without submitting an estimate for court approval, failing to liquidate the amount, and having the money received by a defendant under questionable circumstances constituted gross misconduct and gross neglect of duty. These acts eroded public confidence in the judiciary. Applying Rule 140 of the Rules of Court, as amended (which was favorable to the respondent), the Court imposed the penalty of DISMISSAL from service, FORFEITURE of all benefits except accrued leave credits, and DISQUALIFICATION from reinstatement or appointment to any public office, including government-owned or controlled corporations.