OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS. FELY C. CARRIEDO, BRANCH CLERK OF COURT, RTC, BR. 24, IPIL, ZAMBOANGA DEL SUR, RESPONDENT.

Office of the Court Administrator versus Carriedo

The Case

This is an administrative proceeding in which the Office of the Court Administrator, the Court's own office, proceeds against Fely C. Carriedo, the Branch Clerk of Court of the Regional Trial Court, Branch 24, in Ipil, Zamboanga del Sur. The charge is not ordinary misconduct but a failure of custodianship: a Colt Commander 9 millimeter pistol, held by the court as an exhibit, was lost while in her keeping. The case matters because it fixes the standard of diligence owed by every clerk of court over records, properties, and exhibits, and because it shows how the Court treats a second offense of the same kind.

Procedural History

The matter began as an administrative complaint for grave misconduct against a certain Virgilio Cañete, arising from the loss of the same firearm. In a Resolution dated November 10, 2004, the Supreme Court dismissed that complaint for insufficiency of evidence. But in the same Resolution, the Court did not close the matter. It ordered Carriedo, the branch clerk of court, to show cause why she should not be disciplinarily dealt with for the loss, and directed that this particular matter be docketed as a separate administrative matter and assigned to a justice by raffle. Carriedo filed her Comment. She later filed a Manifestation expressing her willingness to submit the case for decision on the pleadings. The Office of the Court Administrator issued a Memorandum recommending that she be reprimanded. The Court then decided the matter itself, adopting the findings of the Office of the Court Administrator but rejecting the recommended penalty as too light.

Facts

Carriedo was the official custodian of court properties in her branch. Because of limited resources, she kept the court records, exhibits, office supplies, and other properties in a wooden cabinet. Access to the cabinet was limited to accountable court personnel. She admitted, however, that there were times when Cañete would ask her to leave the cabinet door open on a Friday so that he could have access to it on a Saturday, when she was not in court, while he transcribed notes. The Colt Commander 9 millimeter pistol, a court exhibit, disappeared.

In her defense, Carriedo insisted she was not remiss in her duties. She argued that the firearm was not recklessly exposed to thievery or to persons with nothing to do with the cabinet's contents. She surmised that an insider may have taken it, and she attached a letter from a certain Myrna Buenviaje, who in turn attached a note allegedly made by Cañete suggesting he had possessed the missing pistol.

Two circumstances weighed heavily against her. First, she had previously been suspended for infidelity in the custody of court exhibits, after a judge was able to have a forty five caliber pistol, also a court exhibit, registered in his name. Second, the criminal case against Cañete had already been resolved in his favor, and the administrative complaint against him had been dismissed, so her attempt to shift blame to him could not stand.

Issues

• Whether or not a branch clerk of court may be held administratively liable for the loss of a firearm held by the court as an exhibit, despite her claim that she exercised due diligence under limited resources.
• Whether or not the penalty recommended by the Office of the Court Administrator, which was reprimand, is the proper penalty given that this is her second offense of negligence in the safekeeping of court exhibits.

Applicable Provisions

Rule 136, Section 7 of the Rules of Court provides:

Section 7. Safekeeping of property. The clerk shall safely keep all records, papers, files, exhibits and public property committed to his charge, including the library of the court, and the seals and furniture belonging to his office.

This is the source of the custodial duty violated, because the lost pistol was an exhibit committed to her charge.

The decision also invokes Section D, paragraph 1.3.2.3, Chapter VII of the 2002 Revised Manual for Clerks of Court, which provides that one of the non-adjudicative functions of a first level court branch clerk of court is the control and management of all court records, exhibits, documents, properties and supplies. This confirms that management of exhibits is a duty of the office, not a mere courtesy.

Ruling

On the first issue, the Court held Carriedo administratively liable. As court custodian, it is her responsibility to ensure that records are safely kept and readily available upon request of the parties or order of the court. She must be diligent and vigilant in performing her official duties and in supervising and managing court dockets and records, and this custodial duty necessarily extends to evidence submitted by the parties and marked as exhibits. The Court adopted the reasoning of the Office of the Court Administrator: given the limitations of the court's facility, it was incumbent upon her to devise a more secure method to safeguard court records, properties, and exhibits. She should not have allowed Cañete access to the cabinet on Saturdays when she was not in court, especially since it contained important exhibits. Her prior suspension should have been a lesson and should have compelled stricter measures. The Court also reminded all clerks of court to be more vigilant in the custody and safekeeping of court exhibits, particularly firearms and other weapons, as well as dangerous and prohibited drugs, because these have become favorite objects of thievery and robbery, resulting in the failure of prosecutors to bring criminals to justice.

On the second issue, the Court found the recommended reprimand too light. Considering that this was the second time she was found guilty of negligence in the safekeeping of evidence, she would have merited dismissal, but because of the mitigating circumstance adverted to by the Office of the Court Administrator, the Court imposed suspension for two months.

Doctrine

A clerk of court is the official custodian of court records, properties, and exhibits, and owes a duty of diligence and vigilance in their safekeeping under Rule 136, Section 7 of the Rules of Court. Limited resources do not excuse the duty; they only mitigate the penalty. The clerk must devise a more secure method of safekeeping rather than leave exhibits accessible to others, especially when the clerk is absent. A second offense of negligence in the safekeeping of court exhibits warrants a heavier penalty than the first, and may approach dismissal.

Disposition

The Court found Carriedo administratively liable for the loss of the Colt Commander 9 millimeter pistol and suspended her for two months without pay, effective immediately upon service of the Resolution, with a stern warning that a repetition of the same or similar act would be dealt with more severely.

Remember This

The single line to memorize is that the clerk's custodial duty extends to exhibits, and limited resources mitigate but do not absolve. Examiners use this case to test the standard of diligence of clerks of court over court exhibits, and the rule that a second offense of the same negligence merits a heavier penalty.