ROLLY PENTECOSTES v. ATTY. HERMENEGILDO
529 SCRA 146 (2007)
The clerk of court has the duty to safely keep all records, papers, files, exhibits and public property.
Atty. Hermenegildo Marasigan, Clerk of Court VI of the Office of the Clerk of Court of the Regional Trial Court North Cotabato, was administratively charged with grave misconduct and conduct unbecoming a public officer for the loss of a motorcycle-subject matter of a criminal case which was placed under his care and custody.
The administrative case against Atty. Hermenegildo stemmed from a sworn affidavit complaint filed on November 11, 2004 by Rolly Pentecostes, the owner of a Kawasaki motorcycle, which was recovered by members of the Philippine National Police of M’lang, North Cotabato from suspected carnappers.
The release order for the motorcycle was issued but Pentecostes refused to receive it because it was already ―cannibalized‖ and unserviceable.
The Regional Trial Court (RTC) referred the case to the Executive Judge of RTC, Kabacan, North Cotabato, for investigation, report and recommendation. Judge Rabang recommended that the administrative complaint against Atty. Hermenegildo be dismissed because there was no proof of Pentecostes’ claim that the vehicle was ―cannibalized‖ from the time that it was under Atty. Hermenegildo’s custody until its transfer to Philippine National Police (PNP) of Kabacan. The Office of the Court Administrator (OCA) affirmed the dismissal of the complaint.
ISSUE:
Whether or not the Atty. Hermenegildo is guilty of misconduct
HELD:
It is the duty of the clerk of court to keep safely all records, papers, files, exhibits and public property committed to his charge.[12] Section D (4), Chapter VII of the 1991 Manual For Clerks of Court (now Section E[2], paragraph 2.2.3, Chapter VI of the 2002 Revised Manual for Clerks of Court) which provides all exhibits used as evidence and turned over to the court and before the case/s involving such evidence shall have been terminated shall be under the custody and safekeeping of the Clerk of Court.
From the above provisions, it is clear that as clerk of court of the RTC, Kabacan, Atty. Hermenegildo was charged with the custody and safekeeping of Pentecostes’ motorcycle, and to keep it until the termination of the case, barring circumstances that would justify its safekeeping elsewhere, and upon the prior authority of the trial court.
The Court said ―no explanation was offered by Atty. Hermenegildo, however, for turning over the motorcycle. But whatever the reason was, Atty. Hermenegildo was mandated to secure prior consultations with and approval of the trial court.‖
Moreover disconcerting is the fact that the acknowledgment receipt evidencing the turnover of the motorcycle from the trial court to the Kabacan police station was lost from the records, with nary a lead as to who was responsible for it. These circumstance are viewed with disfavor as it reflects badly on the safekeeping of court records, a duty entrusted to Atty. Hermenegildo as clerk of court.
The Court has repeatedly emphasized that clerks of court are essential and ranking officers of our judicial system who perform delicate functions vital to the prompt and proper administration of justice. Their duties include the efficient recording, filing and management of court records and, as previously pointed out, the safekeeping of exhibits and public property committed to their charge.
