Case Digest: ANACLITO CARANDANG v. REMEDIOS BASE

ANACLITO CARANDANG v. REMEDIOS BASE

550 SCRA 44 (2008)

It is not within the ambit of the powers of a Clerk of Court to issue a commitment order.

Anaclito Carandang charged Remedios Base (Base), Clerk of Court of Municipal Trial Court of Palawan, with gross and grave misconduct in office and violation of Republic Act No. 3019, “The Anti-Graft and Corrupt Practices Act.” Carandang claims that his wife went to the office of Base, who summoned her and demanded from her a certain amount to facilitate the dismissal of the criminal case filed against him. It turned out that the criminal case against Carandang had been dismissed more than a year earlier. Carandang further alleges that despite the dismissal of the criminal case against him, he was arrested at the instance of issuance of commitment order issued by Base.

ISSUE:

Whether or not Base can be held liable for misconduct in official duty for the issuance of commitment order against Carandang

HELD:

The Court finds that by issuing a commitment order, Base arrogated upon herself a judicial function.

The Clerk of Court, unlike a judicial authority, has no power to order either the commitment or the release on bail of person charged with penal offenses. The Clerk of Court may release an order “upon the order of the Judge” or “by authority of the Judge,” but under no circumstance should the clerk make it appear that the judge signed the order when in fact, the judge did not. Such act of Base amounts to simple misconduct, an unlawful behavior, an unacceptable behavior that transgresses the established rules of conduct for public officers.

Neglect of duty is the failure of an employee to give one’s attention to a task expected of him. Gross neglect is such neglect which, from the gravity of the case or the frequency of instances, becomes so serious in its character as to endanger or threaten the public welfare.

It may not be amiss to state that this Court found Base guilty of simple neglect of duty, on similar grounds, in which it imposed a penalty of suspension for three months, with a stern warning against repetition of similar acts.