G.R. No.: A.M. No. P-93-817
Date: January 18, 1994

Case Parties: AGUSTIN G. LLOVERAS, complainant, vs. MILAGROS SANCHEZ, Clerk of Court, Municipal Trial Court, Consolacion, Cebu, respondent.

FACTS

Complainant Agustin G. Lloveras, Chief of Police of Consolacion, Cebu, charged respondent Milagros Sanchez, Clerk of Court of the Municipal Trial Court of Consolacion, Cebu, with malicious and illegal acts prejudicial to the service. The specific allegations were: (a) loss of the records of Criminal Case No. 3558 (“People vs. Estanislao Pilapil”) due to respondent’s negligence; (b) respondent, without court permission, accepted the position of stenographer for the People’s Law Enforcement Board (PLEB) during office hours, received an honorarium, and detrimentally affected her official functions; (c) she prepared affidavits and complaints during office hours, causing inefficient performance; (d) she deliberately concealed the criminal records of one Romeo Bayan, convicted of theft; (e) she personally accepted the cash bond of an accused in Criminal Case No. DU2987; and (f) she incurred frequent tardiness and absences.
In her comment, respondent admitted the loss of the records in Crim. Case No. 3558 but explained it was due to destroyed locks on a dilapidated filing cabinet allowing free access, not her negligence. She stated she exerted effort to locate the records and subsequently reconstructed them, leading to a decision on July 14, 1993. She admitted acting as PLEB stenographer/secretary-treasurer starting 1988 with her judge’s consent, claimed it did not hamper her main duties, and resigned effective January 1993. She admitted preparing affidavits (but not complaints) during office hours, with the P10.00 charge per affidavit remitted as legal fees to the Judiciary Development Fund. She denied the allegations on tardiness, absences, and concealment of records, asserting any absences or tardiness were with permission and duly reflected in her Daily Time Record.
The Office of the Court Administrator found that respondent could not take refuge behind the broken lock and cabinet for the lost records, as her duty was to safely keep all court records. It noted this was her first offense and she reconstructed the records. Regarding the PLEB position, it cited Administrative Circular Nos. 5 and 6 requiring the entire time of judiciary personnel to be devoted to government service. Verification showed respondent had 209 days of leave credits and was not a habitual absentee as of June 1993, but Daily Time Records for July-October 1993 were not filed. The remaining allegations were found unsubstantiated.

ISSUE

Whether respondent Milagros Sanchez should be held administratively liable for the acts complained of, particularly the loss of court records and holding an outside position.

RULING

Yes, respondent is administratively liable. The Court emphasized the vital role of a clerk of court as an essential officer and custodian of court records, papers, files, exhibits, and public property under Section 7, Rule 136 of the Rules of Court. Respondent’s failure to safely keep the records of Crim. Case No. 3558 constituted negligence, notwithstanding her explanation about the dilapidated cabinet, as she should have taken steps to secure the records. Her involvement as a stenographer for the PLEB was improper, as judiciary officials and employees must devote their entire time to government service to ensure efficient administration of justice. The Court found the other charges unsubstantiated.
Respondent Milagros Sanchez is REPRIMANDED and ORDERED to be more careful and circumspect in her duties as clerk of court, to avoid accepting positions detrimental to her functions, and to immediately desist from such activities if still engaged therein. She is sternly warned that a repetition will be dealt with more severely.