AM P 98 1279; (October, 1998) (Digest)
G.R. No. A.M. No. P-98-1279 October 7, 1998
Rosario S. Panuncio, complainant, vs. Minerva G. Icaro-Velasco, Branch Clerk of Court, Branch 165, RTC, Pasig City, respondent.
FACTS
The administrative complaint originated from an affidavit filed by complainant Rosario S. Panuncio with the Office of the Ombudsman, which was later referred to the Supreme Court. Complainant charged respondent Atty. Minerva Icaro-Velasco, Branch Clerk of Court of the RTC-Pasig, Branch 165, with misfeasance of office. The specific allegation was that respondent handed over to NBI agents and special investigators a xerox copy of an order of arrest dated March 1, 1989, in Crim. Case No. CCC VII-3350-Rizal, without verifying the status of the case. Complainant alleged that on the strength of this expired order of arrest, which had been recalled by Judge Milagros Caguioa on April 4, 1989, she was arrested and detained on November 17 and 18, 1994. Respondent, in her comment, claimed she verified the xerox copy’s authenticity with a clerk, Oscar Espiritu, who prepared the original order, and that she certified it only on the basis of its authenticity. She also claimed the NBI agents were insistent on certification and that she reiterated in a telephone conversation that her certification was for authenticity only.
ISSUE
Whether respondent Atty. Minerva Icaro-Velasco, Branch Clerk of Court, was remiss in her duties by certifying an order of arrest without indicating its recalled status, leading to the complainant’s arrest and detention.
RULING
The Court adopted the recommendation of the Office of the Court Administrator. It found respondent remiss in her bounden duty. The Court emphasized that a Branch Clerk of Court is an essential officer who occupies a position of confidence and must maintain the authenticity of court records and uphold public confidence in the administration of justice. It was observed that if the certification was issued only for authenticity, respondent should have also indicated that the order had been recalled. The Court further held that respondent could not pass blame to her subordinate, Oscar Espiritu, as Branch Clerks of Court are chiefly responsible for the shortcomings of subordinates to whom administrative functions are delegated. Accordingly, Atty. Minerva Icaro-Velasco was SEVERELY REPRIMANDED with a stern warning that a repetition of the same offense would be dealt with more severely.