The Supreme Court affirmed the suspension of Maria Luz A. Duncano, a Clerk of Court IV, for conduct unbecoming a court employee. This decision underscores the high ethical standards required of court personnel, emphasizing that public office is a public trust. Duncano was found to have solicited money from litigants and failed to properly account for court property, actions that violated Republic Act No. 6713 and eroded public confidence in the judiciary. The ruling reinforces the principle that court employees must be beyond reproach and uphold the integrity of the judicial system.

When Trust is Broken: Examining a Clerk’s Breach of Ethical Duty

This case originated from a letter-report filed by Judge Dennis B. Castilla, Executive Judge of the Municipal Trial Court in Cities (MTCC), Butuan City, Agusan del Norte, detailing alleged infractions committed by Mrs. Duncano. The allegations included dishonesty, deceit, and neglect of duty, specifically related to soliciting money from litigants under the guise of official duties and the mishandling of court property. The case highlights the importance of ethical conduct for court employees and the consequences of failing to meet those standards.

The accusations against Mrs. Duncano centered on three main points. First, she allegedly demanded and collected PhP7,000 from Anita and Anniesel Lamoste, the mother and sister of Nathaniel Lamoste, for his bail bond in Criminal Case No. 43863. Although she eventually returned the money, she reportedly made them beg for it and gave them false hope for Nathaniel’s release. Second, Mrs. Duncano was accused of deliberately causing or allowing the loss of a Supreme Court EPSON computer printer. Third, she allegedly acted dishonestly by submitting a false letter-explanation with a job/repair receipt, claiming the lost printer was brought for repair when it was not.

In response to the allegations, Mrs. Duncano vehemently denied the accusations. She claimed she did not demand any money from the Lamostes but merely advised them to file a Motion to Post Bail. She stated that the PhP7,000 was given to Mrs. Lebios, not her, and that she returned it to Nathaniel after the trial court ordered his release without bail. Regarding the EPSON printer, Mrs. Duncano claimed it was not lost but found within the MTCC premises and declared unserviceable, and that it had long been returned to the Supreme Court’s Property Division.

The Office of the Court Administrator (OCA) recommended that the complaint be referred to the Executive Judge of the Regional Trial Court (RTC), Butuan City, Agusan del Norte, for investigation. Following the investigation, Judge Maclang found Mrs. Duncano administratively liable for conduct unbecoming of a court employee, recommending a two-month suspension. The Supreme Court affirmed this recommendation, emphasizing that public office is a public trust, and court personnel must conduct themselves beyond reproach.

The Supreme Court’s decision was grounded in the principle that public officers and employees are accountable to the people and must serve with utmost responsibility, integrity, loyalty, and efficiency. As stated in Marasigan v. Buena:

Public officers and employees are at all times accountable to the people; must serve them with utmost responsibility, integrity, loyalty and efficiency; and must lead modest lives. [R.A. No. 6713] additionally provides that every public servant shall uphold public interest over his or her personal interest at all times. Court personnel, from the presiding judge to the lowliest clerk, are further required to conduct themselves always beyond reproach, circumscribed with the heavy burden of responsibility as to free them from any suspicion that may taint the good image of the judiciary.

The Court found that the allegations against Mrs. Duncano were substantiated by substantial evidence. In administrative proceedings, the standard of proof is substantial evidence, which is such relevant evidence as a reasonable mind may accept as adequate to support a conclusion. This standard was met through Judge Castilla’s letter-report and the affidavits of Annie, Anniesel, and Mrs. Lebios.

The evidence showed that Mrs. Duncano demanded PhP7,000 from Annie and Anniesel for Nathaniel’s cash bail bond. While Mrs. Duncano denied personally receiving the money, she admitted to returning it to the Lamostes after the court ordered Nathaniel’s release. The Court found it illogical that Mrs. Duncano would return the money if she had not received it in the first place. The proper procedure for handling cash bail bonds requires the clerk of court to officially receive the cash and immediately deposit it with authorized government depositories. There was no evidence that Mrs. Duncano followed this procedure.

The Court emphasized that Mrs. Duncano’s actions violated Section 7(d) of Republic Act No. 6713, which prohibits public officials and employees from soliciting or accepting anything of monetary value from any person in the course of their official duties. The provision states:

Section 7. Prohibited Acts and Transactions. – In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:
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(d) Solicitation or acceptance of gifts. – Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may he affected by the functions of their office.

The Court clarified that the violation lies in the commission of the act, regardless of the character or effect thereof. Therefore, it was immaterial whether Mrs. Duncano received the money directly or indirectly, or whether she returned it. The material fact was that she demanded, collected, and received the money from the Lamostes purportedly for Nathaniel’s bail bond.

Regarding the lost EPSON printer, Mrs. Duncano failed to provide a satisfactory explanation for its disappearance. The printer she presented in her pleadings had a different serial number than the one reported missing. The Court reiterated that court personnel must not only be free from impropriety but must also be perceived as such.

The Supreme Court’s decision serves as a reminder of the critical role clerks of court play in the judicial system. As the Court stated in Atty. Reyes-Domingo v. Morales:

“Owing to the delicate position occupied by clerks of court in the judicial system, they are required to be persons of competence, honesty and probity since they are specifically imbued with the mandate of safeguarding the integrity of the court and its proceedings, to earn and preserve respect therefor, to maintain loyalty thereto and to the judge as superior officer, to maintain the authenticity and correctness of court records and to uphold the confidence of the public in the administration of justice.”

FAQs

What was the key issue in this case?	The key issue was whether the Clerk of Court violated ethical standards by soliciting money from litigants and failing to properly account for court property. This involved evaluating whether her actions constituted conduct unbecoming a court employee.
What is the significance of Republic Act No. 6713 in this case?	Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, was central to the decision. The Court found that Mrs. Duncano violated Section 7(d) of this Act, which prohibits the solicitation or acceptance of gifts or anything of monetary value in the course of official duties.
What standard of proof is required in administrative proceedings?	In administrative proceedings, the standard of proof is substantial evidence. This means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, a lower threshold than the “proof beyond reasonable doubt” required in criminal cases.
What is the duty of a Clerk of Court regarding cash bail bonds?	The Clerk of Court has a duty to officially receive cash bail bonds and immediately deposit them with authorized government depositories. They are not authorized to keep such funds in their custody, ensuring proper handling and accountability.
Why was Mrs. Duncano’s denial not sufficient to exonerate her?	Mrs. Duncano’s denial was insufficient because it was contradicted by the affidavits of witnesses and the illogical nature of her actions. The Court found it implausible that she would return the bail money if she had not received it in the first place.
What penalty did Mrs. Duncano receive?	Based on the evidence on record, Mrs. Duncano was declared guilty of conduct unbecoming of a court employee and was suspended for two months.
Can a public official accept gifts of monetary value in their official capacity?	No, Section 7(d) of R.A. No. 6713 prohibits public officials and employees from soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or anything of monetary value from any person in the course of their official duties.
What is the role of the Office of the Court Administrator (OCA) in administrative cases?	The OCA plays a crucial role in investigating complaints against court personnel. It assesses the allegations, gathers evidence, and makes recommendations to the Supreme Court regarding the appropriate disciplinary action.

This case serves as a strong reminder of the ethical obligations of court employees and the importance of maintaining public trust in the judiciary. The Supreme Court’s decision underscores the need for strict adherence to ethical standards and the consequences of failing to meet those standards.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JUDGE DENNIS B. CASTILLA, COMPLAINANT, VS. MARIA LUZ A. DUNCANO, CLERK OF COURT IV, OFFICE OF THE CLERK OF COURT, MUNICIPAL TRIAL COURT IN CITIES, BUTUAN, AGUSAN DEL SUR, RESPONDENT., A.M. No. P-17-3771, January 24, 2018